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Mostly Cloudy Ducks fan files $10M suit after fall
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"We believe that shooting rolled-up T-shirts out of a cannon and into the stands is a dangerous and negligent practice. It is nothing like having a foul ball go into the stands."
Michael Kelton
Attorney for Kevin Madden
Kevin Madden, a 40-year-old Merrick man who was seriously injured during a Long Island Ducks game at EAB Park in Central Islip on Sept. 7, is filing a $10-million lawsuit against the ball club and its affiliates.
During the seventh inning, Madden attempted to catch a T-shirt that was shot by an air cannon from the field into the stands. He lost his balance and fell backward, over the railing, 20 feet into the stands from his second-row skybox.
Madden, who hit his head on a metal railing and seats, was rushed by helicopter to the trauma center at University Hospital and Medical Center in Stony Brook. He was hospitalized for 10 days with a broken neck, fractured shoulder, concussion and multiple dental injuries.
Madden and his wife filed their $10-million claim against the stadium owner, its architect and the Long Island Ducks franchise. Two other fans, a 23-year-old woman and an 8-year-old boy, were also injured when Madden fell. No additional lawsuits had been filed as of press time.
Michael Kelton, a Manhattan-based personal injury and litigation attorney representing Madden, said the amount his client is suing for is reasonable. "When you file a notice of claim, you have to think in terms of potential injuries such as past and future medical expenses, disability, loss of work or employment," Kelton said in an interview with the Herald. "You set a figure that you feel adequately covers the potential."
He added that his client was out of work until December and has only returned on a limited basis. Kelton also said that individual claims are necessary because there are different issues involving the municipalities and the developers who constructed the stadium than the Ducks themselves. "We believe that shooting rolled-up T-shirts out of a cannon and into the stands is a dangerous and negligent practice," he said. "It is nothing like having a foul ball go into the stands. This is intentional and endangers the fans who are reaching or lunging for them [the shirts]."
The lawsuit against the owners and the architect, said Kelton, was brought owing to the stadium's design, which he believes was in part responsible for his client's injuries. "We believe the railings to be well below the height necessary to provide adequate protection to those sitting in the front tier," he said. "There is the danger of someone falling over the edge."
According to published reports, the barrier at the Ducks' stadium meets New York State building codes requiring railings in such a structure to be 26 inches high. Charles Bartha, Suffolk public works commissioner, said the railings at the ballpark are 26 1/2 inches tall.
A court hearing to determine whether the Maddens' case is justified is scheduled for March 7. At that time, Madden and his wife will be required to give sworn statements about this case.
Kelton said the parties are unlikely to settle the case out of court. "It is always in the best interest of any municipality to explore whether this is a claim that may merit a solution [outside of court]," said Kelton. "Through my professional experience, however, it is not something I expect to happen."
Suffolk Legislative Counsel Paul Sabatino said that lawsuits such as the the Maddens' are routinely thrown out of court because tickets contain warnings that waive the ball park's liability
in the event of an accident. The Ducks, which have a 10-year lease with Suffolk County at the park, carry a $1 million liability insurance policy and a $7 million umbrella policy. The ball club is also required to compensate the county for all damage claims.
Michael Kelton
Attorney for Kevin Madden
Kevin Madden, a 40-year-old Merrick man who was seriously injured during a Long Island Ducks game at EAB Park in Central Islip on Sept. 7, is filing a $10-million lawsuit against the ball club and its affiliates.
During the seventh inning, Madden attempted to catch a T-shirt that was shot by an air cannon from the field into the stands. He lost his balance and fell backward, over the railing, 20 feet into the stands from his second-row skybox.
Madden, who hit his head on a metal railing and seats, was rushed by helicopter to the trauma center at University Hospital and Medical Center in Stony Brook. He was hospitalized for 10 days with a broken neck, fractured shoulder, concussion and multiple dental injuries.
Madden and his wife filed their $10-million claim against the stadium owner, its architect and the Long Island Ducks franchise. Two other fans, a 23-year-old woman and an 8-year-old boy, were also injured when Madden fell. No additional lawsuits had been filed as of press time.
Michael Kelton, a Manhattan-based personal injury and litigation attorney representing Madden, said the amount his client is suing for is reasonable. "When you file a notice of claim, you have to think in terms of potential injuries such as past and future medical expenses, disability, loss of work or employment," Kelton said in an interview with the Herald. "You set a figure that you feel adequately covers the potential."
He added that his client was out of work until December and has only returned on a limited basis. Kelton also said that individual claims are necessary because there are different issues involving the municipalities and the developers who constructed the stadium than the Ducks themselves. "We believe that shooting rolled-up T-shirts out of a cannon and into the stands is a dangerous and negligent practice," he said. "It is nothing like having a foul ball go into the stands. This is intentional and endangers the fans who are reaching or lunging for them [the shirts]."
The lawsuit against the owners and the architect, said Kelton, was brought owing to the stadium's design, which he believes was in part responsible for his client's injuries. "We believe the railings to be well below the height necessary to provide adequate protection to those sitting in the front tier," he said. "There is the danger of someone falling over the edge."
According to published reports, the barrier at the Ducks' stadium meets New York State building codes requiring railings in such a structure to be 26 inches high. Charles Bartha, Suffolk public works commissioner, said the railings at the ballpark are 26 1/2 inches tall.
A court hearing to determine whether the Maddens' case is justified is scheduled for March 7. At that time, Madden and his wife will be required to give sworn statements about this case.
Kelton said the parties are unlikely to settle the case out of court. "It is always in the best interest of any municipality to explore whether this is a claim that may merit a solution [outside of court]," said Kelton. "Through my professional experience, however, it is not something I expect to happen."
Suffolk Legislative Counsel Paul Sabatino said that lawsuits such as the the Maddens' are routinely thrown out of court because tickets contain warnings that waive the ball park's liability
in the event of an accident. The Ducks, which have a 10-year lease with Suffolk County at the park, carry a $1 million liability insurance policy and a $7 million umbrella policy. The ball club is also required to compensate the county for all damage claims.
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