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Four people injured in a game at FedEx Field last season when a railing collapsed filed a lawsuit against the Washington Commanders on Friday, asking for $300,000 in damages for physical and emotional suffering.
The suit, filed in the U.S. District Court of Maryland, asks for an award “in excess” of $75,000 per person for “loss of income, medical expenses, pain and suffering.”
Other defendants in the suit include Washington Football Incorporated Stadium, which owns the property at FedEx Field in Landover, Maryland, where the Commanders play; Contemporary Services Corporation, which provides ushers and security at the stadium; and Company Does, which provides inspection, repairs maintenance design and oversight.
The Commanders did not respond when asked for a statement on the lawsuit.
According to the suit, the plaintiffs — New Jersey residents Michael Naimoli, Andrew Collins, Morgan French and Marissa Santarlasci — continue to seek treatment for injuries suffered when they fell. Among the injuries they allegedly suffered: cervical strains, muscle strains, bone contusions, cuts, bruises, headaches and “other potential long-term effects, both physical and emotional.” Naimoli needed to wear a neck brace, the plaintiff’s attorney, Bob Sokolove, said.
At the end of Washington’s home finale loss last season to the Philadelphia Eagles on Jan. 2, fans gathered by the railings to greet players as they exited the field through the tunnel. As Eagles quarterback Jalen Hurts walked into the tunnel, fans leaned over and the railing collapsed, causing eight people to fall approximately 5 feet to the ground.
Hurts helped the fans up, and two of the people who fell took selfies with him before they climbed back into the stands. After the game, Washington said in a statement that, “To our knowledge, everyone involved was offered onsite medical evaluation and left the stadium of their own accord.”
The team also said stadium representatives took appropriate action and provided medical treatment on-site for anyone who asked, which the plantiffs called “patently false” in the lawsuit.
One team official told ESPN after the incident that the area fans were gathered was for disabled people. There were no seats, and it is designed to hold six individuals in wheelchairs plus six people accompanying them.
The railing was not load-bearing — one section was held in place by using a zip tie — and therefore not designed to withstand hundreds of pounds leaning into it.
According to the team official, a number of Eagles fans crowded into the platform as players walked off the field following Philadelphia’s 20-16 win. But Sokolove said they were told by CSC employees that they could enter that area, and he said no one stopped fans from entering the area.
The suit also alleged that no one advised them not to lean against the railing.
“It’s beyond negligent to skimp on a safety measure in such a high visibility, high trafficked area,” Sokolove said. “Whether it’s an NCAA game or a pro basketball game or the NFL, everybody comes to the tunnel where the players are coming out. The weight of everyone pushing forward to get a high-five or a wristband or whatever puts even more pressure on what otherwise were pathetic railings.”
According to video of the incident, it appears eight fans fell, but most got back up quickly, some one of whom Hurts helped. One fan crashed into the wall on the other side of the tunnel. He needed help to stand up. The others surrounded a smiling Hurts, who put his arms around them as one of the men who fell tried to take a selfie. Security guards then intervened and directed the fans to return to the stands as they lifted up the railing.
The suit says that no CSC employees sought information regarding the plaintiff’s injuries or medical conditions. The suit also says no one from the team reached out to any of the plaintiffs to determine their level of injuries.
Sokolove said none of his clients had attempted to contact the team since that day. He added that some of his clients started getting headaches “halfway up I-95” and went to the hospital.
“I’ve seen lesser incidents where people were required to get in an ambulance and go to the hospital,” he said. “This was, ‘Get in your car, drive home and goodbye.'”