Child’s Foot Crushed during “Fun Run” When Banner Blew Over
Safe erection and supervision of race start & finish lines are critical to the success and enjoyment of sports activities.
While participation in athletic activities holds some risk of tripping, falling, overexertion, and bumping into other participants, a case handled by a friend reminds sports injury lawyer Doug Landau of the importance of having professional race directors and experienced event support staff erect safe structures.
Landau’s own work helping to erect a finish line in Manassas drove home how hard this work can be and why it is critical to have experienced race directors overseeing the safe construction and break down of a race venue.
In this case, a metal truss fell over during “fun run” event, crushing a child’s foot.
Race volunteer Doug Landau helping to secure the finish line at a wonderful event put on by the Bristow Virginia event support team
According to the Virginia Lawyers Weekly report, the plaintiff was an active 6-year-old girl who had completed the CNN Healthy Kids Fun Run held Oct. 30, 2010, on the grounds of the Pentagon.
According to court filings, the race was sponsored by Cable News Network, Inc. (“CNN”) and marketed and implemented by Civic Entertainment Group (“CEG”). After the plaintiff won her female age division race, a 16 foot high metal truss structure holding a 20-foot long banner reading “Congratulations Runners” blew over with a gust of wind. The truss structure landed on plaintiff’s leg and foot, shattering her lower extremity.
After approximately 15 surgeries, treating health care providers determined that the plaintiff required a Syme’s amputation, which involved removing her entire foot. Plaintiff will require a lifetime of prosthetic devices and care. Past medical expenses totaled nearly $600,000. A life care plan of approximately $7,500,000 included prosthetic devices, home equipment, wheelchairs, etc.
The plaintiff filed suit against CNN, CEG, and Frost Lighting Company of D.C., Inc. which erected the truss structure. Plaintiff alleged that the three entities failed to safely secure the sign and truss. Plaintiff collected evidence that approximately 15 minutes before the structure fell, the parent of another participant warned representatives of the defendants that the structure seemed unstable, but no corrective measures were taken.
The case was defended on liability and damages. Mediation resolved the case against two defendants. The third defendant later settled before trial in the Arlington Circuit Court. Plaintiff’s case was resolved for a total cash settlement of $11,575,000.
The experienced Mediators whose tireless efforts got the case resolved (and with whom Doug Landau has worked in the past), were Robert Harris and Paul Sheridan.
The case only took several years to resolve, even though the plaintiff had until she was 20 to file suit and plaintiff’s DC counsel did an excellent job.