Fan Injured in T-Shirt Tussle Sues Hawks Over Fractured Finger
The Hawks fan claims he was reaching for a T-shirt dropped by parachute from the ceiling of State Farm Arena when a man snatched it away, fracturing his pinky.
August 28, 2019 at 05:53 PM
3 minute read
The Atlanta Hawks thought they'd found a safe alternative to launching high-velocity T-shirts out of cannons wielded by cheerleaders or mascots: Softly drop the souvenirs by parachute from the rafters of State Farm Arena.
What could go wrong?
Grabby fans, apparently. Or one grabby fan, anyway.
A complaint filed in Fulton County State Court this week said plaintiff David Ehrhardt was attending a game in February and had reached out to snag one of the parachuting pullovers drifting his way when an unknown man "aggressively reached for the T-shirt."
The man either struck Ehrhrdt's hand with his own or snatched the shirt so that "something caught" on his left hand, leaving him with a fractured pinky finger.
Ehrhardt's complaint seeks unspecified damages for negligence claims against the Hawks, State Farm Arena (known until last year as Philips Arena) and the T-shirt craving John Doe co-defendant.
Attorney Darl Champion Jr. said he can see how the circumstances of his client's injury might seem trivial, but the impact has been serious.
"Its a bad injury; he's had to have surgery," said Champion, who filed the suit with Champion Firm colleague Andre Tennille III.
According to Champion and the complaint, Ehrhardt, 55, was at a Hawks v. Lakers game with his son when the parachutes started dropping.
Ehrhardt reached for one coming toward him "when somebody reaches over and destroys his hand," said Champion. "His finger was sideways."
"The other guy certainly knew he was hurt," said Champion. "After he injured my guy, he takes the T-shirt and gives it to my guy's son, who's sitting beside him."
Ehrhardt sought treatment at a first-aid booth in the arena, Champion said, but the pain was so great that he left the game and went to the emergency room at North Fulton Hospital, where he was diagnosed with a displaced fracture.
"I understand that, at first blush, it seems like, 'Hey, it's just a T-shirt drop, what's wrong with that?'" said Champion. "But they do this to generate excitement, and they know there are going to be people tussling around trying to get them, so they know this kind of thing can happen."
Injuries are not unheard of. In Texas, a woman filed a $1 million lawsuit against the Houston Astros earlier this year for injuries she suffered trying to catch a wearable souvenir fired from a handheld launcher.
Champion said he hopes that information turned over during discovery will reveal who John Doe is, "because he's the one who did it."
Champion said he has asked the Hawks to release the incident report or surveillance footage, "but they haven't been very helpful so far."
A spokesman for the Hawks said there would be no comment on the pending litigation.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'It Refreshes Me': King & Spalding Privacy Leader Doubles as Equestrian Champ
5 minute readFederal Judge Rejects Teams' Challenge to NASCAR's 'Anticompetitive Terms' in Agreement
Trending Stories
- 1'Largest Retail Data Breach in History'? Hot Topic and Affiliated Brands Sued for Alleged Failure to Prevent Data Breach Linked to Snowflake Software
- 2Former President of New York State Bar, and the New York Bar Foundation, Dies As He Entered 70th Year as Attorney
- 3Legal Advocates in Uproar Upon Release of Footage Showing CO's Beat Black Inmate Before His Death
- 4Longtime Baker & Hostetler Partner, Former White House Counsel David Rivkin Dies at 68
- 5Court System Seeks Public Comment on E-Filing for Annual Report
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250