Reggie Bush lawsuit against St. Louis CVC

7/23/2019 Reggie Bush lawsuit against St. Louis CVC

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IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS

TWENTY-SECOND JUDICIAL CIRCUIT

STATE OF MISSOURI

REGINALD BUSH,

Plaintiff,

vs.

ST. LOUIS REGIONAL CONVENTION

AND SPORTS COMPLEX AUTHORITY,

Serve: 901 North BroadwaySt. Louis, MO 63101

and

ST. LOUIS CONVENTION & VISITORS

COMMISSION,

Serve: 701 Convention Plaza, Suite 300St. Louis, MO 63101

Defendants.

Case No.

Division:

JURY TRIAL DEMANDED

PETITION

Plaintiff Reginald Bush files this Petition against Defendants St. Louis Regional

Convention and Sports Complex Authority and the St. Louis Convention & Visitors

Commission.

PARTIES

1. Plaintiff Reginald Bush is a resident and citizen of California. Bush played for

the USC Trojans football team from 2003 to 2005 where he enjoyed one of the greatest

collegiate athletic careers of all time. The second overall pick of the New Orleans Saints in the

2006 NFL draft, Bush was part of the Saints team that won the franchise’s first Super Bowl in

2010. In 2011, Mr. Bush was traded to the Miami Dolphins where he played two seasons before

signing with the Detroit Lions on March 13, 2013. In 2015, Reggie signed with the San

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Francisco 49ers. Bush has been an explosive threat as a runner, receiver, and returner in his 10

years in the league, amassing over 9,000 total yards from scrimmage and 57 career touchdowns.

2. Defendant St. Louis Regional Convention and Sports Complex Authority

(“RSA”) is a body politic and corporate and a public instrumentality duly organized and existing

under the laws of the State of Missouri. The RSA constructed, operates, leases, controls, owns,

possesses, and maintains The Edward Jones Dome (the “Dome”).

3. Defendant St. Louis Convention & Visitors Commission (“CVC”) is a public

body corporate and politic of the State of Missouri. The CVC maintains, operates, controls,

possesses and manages the Dome.

4. RSA and CVC will be referred to collectively as “Defendants.”

VENUE

5. Venue is proper in this Court pursuant to MO. R EV. STAT. §508.010 because

Plaintiff was first injured in the City of St. Louis.

FACTS

6.

On November 1, 2015, the San Francisco 49ers played the St. Louis Rams at the

Edward Jones Dome in St. Louis, MO.

7. At that time, the turf playing field at the Dome was surrounded by a slippery

concrete surface, now known by many as the “concrete ring of death.”

8. Defendants — collectively and individually — owned, operated, maintained, leased,

controlled, and possessed the Dome, including the playing surface and surrounding concrete

surface.

9. Reggie Bush was playing in the game as a running back for the San Francisco

49ers.



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10. With approximately 5:30 left in the first quarter, Mr. Bush ran out of bounds

while returning a punt.

11. After the play had concluded, and while trying to slow down out-of-bounds, Mr.

Bush’s momentum carried him from the turf to the concrete surface.

12. Mr. Bush slipped on the concrete surface and injured his left knee, ending his

season.

13. One week prior to Mr. Bush’s injury, on October 25, 2015, Josh McCown,

quarterback for the Cleveland Browns, injured his shoulder after slipping on the same concrete

surface.

14. Two weeks after Mr. Bush’s injury, Defendants covered the concrete surface with

blue rubber padding.

COUNT I – PREMISES LIABILITY

(ALL DEFENDANTS)

15. Plaintiff incorporates the above allegations.

16. On November 1, 2015, as described above, Mr. Bush was an invitee of

Defendants.

17. Defendants were in control and possession of the Dome, including the playing

field and surrounding surfaces.

18. Defendants owed a duty to the general public and specifically those invited on the

field, including, but not limited to, players, coaches, trainers, media, youth football players,

cheerleaders, fans, and referees to remove or warn of dangerous conditions in the Dome and to

maintain the Dome, including the playing surface and surrounding areas, in a reasonably safe

condition.



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19. In violation of this duty, Defendants negligently permitted and maintained a

dangerous condition to exist at the Dome, creating an unreasonable risk of injury to those invited

on the field and surrounding surfaces, including Mr. Bush. Specifically, the turf playing field

was surrounded by a slippery concrete surface. This abrupt change in surface was not reasonably

safe.

20. As described above, Mr. Bush slipped and fell on the slippery concrete surface,

injuring his left knee.

21. Defendants knew or by using ordinary care could have known of the dangerous

condition. Indeed, just one week prior, another NFL player was injured by the same dangerous

condition.

22.

Defendants failed to use ordinary care to remove or warn of the dangerous

condition.

23. As a direct result of Defendants’ conduct described above, Mr. Bush suffered

damages in the form of lost wages, medical expenses, loss of future earnings, and pain and

suffering.

24. Defendants’ conduct showed complete indifference to or conscious disregard for

the safety of Mr. Bush and others, thereby justifying an award of punitive damages to punish

Defendants and to deter Defendants and others from like conduct.

WHEREFORE, Plaintiff Reginald Bush prays for judgment against Defendants in a fair

and reasonable amount in excess of twenty-five thousand dollars ($25,000.00), for punitive

damages, his costs herein incurred, and for such other and further relief as may be just and

proper.



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COUNT II – NEGLIGENCE

(ALL DEFENDANTS)

25. Plaintiff incorporates the above allegations.

26.

Defendants owed Mr. Bush and the general public a duty of reasonable care.

27. Defendants breached the duty owed to Mr. Bush by one or more of the following

negligent acts or omissions:

a. Designing, constructing, and/or setting up the playing field such that it was

surrounded by a slippery concrete surface;

b. Failing to cover the slippery concrete surface with padding;

c.

Failing to provide warnings related to the concrete surface; and

d. Such further acts as will be revealed during discovery.

28. As a direct result of Defendants’ conduct described above, Mr. Bush suffered

damages in the form of lost wages, medical expenses, loss of future earnings, and pain and

suffering.

29. Defendants’ conduct showed complete indifference to or conscious disregard for

the safety of Mr. Bush and others, thereby justifying an award of punitive damages to punish

Defendants and to deter Defendants and others from like conduct.

WHEREFORE, Plaintiff Reginald Bush prays for judgment against Defendants in a fair

and reasonable amount in excess of twenty-five thousand dollars ($25,000.00), for punitive

damages, his costs herein incurred, and for such other and further relief as may be just and

proper.

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Respectfully Submitted,

THE SIMON LAW FIRM, P.C.

By: __/s/ John G. SimonJohn G. Simon, #35231Kevin M. Carnie Jr., #60979Timothy M. Cronin, #63383800 Market Street, Ste. 1700St. Louis, MO 63101 [email protected] [email protected] [email protected] Phone: 314-241-2929

Fax: 314-241-2029

KINSELLA WEITZMAN ISER KUMP &

ALDISERT LLP

Shawn Holley

Jeremiah Reynolds

Nick Soltman

808 Wilshire Blvd., 3rd floorSanta Monica, CA [email protected] [email protected] [email protected] Phone: 310-566-9800Fax: 310-566-9850

Attorneys for Plainti ff Reginald Bush

http://c/Users/kmc/AppData/Local/Microsoft/Windows/Users/jreynolds/AppData/Local/Microsoft/Windows/Users/nsoltman/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/VAWXI7TH/[email protected]






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Reggie Bush lawsuit against St. Louis CVC