Gabriel Sayers v. Sweetwater Union High School District, LaBelle Community Football League Inc., Ditas Yamane dba National City Bears
Published: Mar. 29, 2014 | Result Date: Nov. 4, 2013 | Filing Date: Jan. 1, 1900 |Case number: 37-2011-00077907-CU-PO-SC Verdict – Defense
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Michael T. Gibbs
(Gibbs & Fuerst LLP)
Experts
Plaintiff
Paul D. Murphy
(Murphy Rosen LLP)
(medical)
Defendant
Drew A. Peterson
(medical)
Facts
Gabriel Sayers sued the Sweetwater Union High School District, LaBelle Community Football League Inc., and Ditas Yamane dba National City Bears, for injuries he sustained during a football game.
However, Sayers ultimately only pursued his claim against Sweetwater.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that in October 2012, a friend introduced him to the National City Bears head coach, Marcus Sanders, to discuss the possibility of playing for the semi-pro team. The team was a part of the LaBelle Community Football League. After Sayers played a Bears practice game, he was invited to play at an upcoming Bears game. During the game, Sayers participated in six plays. On the last of his six plays, Sayers injured his left foot when he stepped into a hole on the field. The game took place at Sweetwater High School.
Plaintiff claimed that on the day of the game, he had been warned by Sanders not to attract attention on the field because Sayers was actually ineligible to play. Plaintiff contended that he never signed a required player contract, or an injury waiver, and was not listed on the team roster, which had been closed months before the game.
Sayers argued that Sweetwater was responsible for his injury, because they had arranged for the game to be played on a field full of holes. He blamed them for not checking the field and making sure it was in a good state of repair. At trial, he claimed that Sweetwater had known about the holes, but did nothing to fix them. He presented photographs showing the various holes in the field, which had not been repaired even after his accident.
DEFENDANT'S CONTENTIONS:
Sweetwater argued that it did not have to fix the holes, and that they had not caused Sayers's injury. Instead, Sweetwater claimed that Sayers was injured because was playing football.
Settlement Discussions
Sayers demanded $200,000, and Sweetwater offered him $15,000 under CCP Section 998.
Damages
Sayers requested $28,140 for his past medical costs, $200,000 for his future medical costs, and $800,000 for his pain and suffering.
Injuries
Sayers injured his left foot, requiring surgery. He also argued that he had planned to become a professional football player, but the injury to his foot now prevented that.
Result
The jury ruled in favor of Sweetwater, finding that it was not responsible for the accident.
Deliberation
45 minutes
Length
five days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390