Stringer v. Nat'l Football League

• Decision Date: 10 July 2009
• Docket Number: Case No. 2:03–cv–665.
• Citation: 749 F.Supp.2d 680
• Parties: Kelci STRINGER, Plaintiff,v.NATIONAL FOOTBALL LEAGUE, et al., Defendants.
• Court: U.S. District Court — Southern District of Ohio

749 F.Supp.2d 680

Kelci STRINGER, Plaintiff,

v.NATIONAL FOOTBALL LEAGUE, et al., Defendants.

Case No. 2:03–cv–665.

United States District Court, S.D. Ohio, Eastern Division.

July 10, 2009.Opinion Denying Reconsideration Sept. 22, 2010.

Stanley Morris Chesley, Louise Malbin Roselle, Paul M. De Marco, Renee Ann Infante, Wilbert Benjamin Markovits, Waite Schneider Bayless & Chesley Co., LPA, Cincinnati, OH, Kenneth R. White, Mankato, MN, for Plaintiff.Robert C. Tucker, Scott J. Kelly, Irene C. Keyse–Walker, Tucker Ellis & West LLP, Cleveland, OH, for Defendants.

MEMORANDUM OPINION AND ORDER

JOHN D. HOLSCHUH, District Judge.

Korey Stringer (“Stringer”), a football player for the Minnesota Vikings (“Vikings”), suffered a heat stroke and died during the Vikings' July 2001 training camp. Plaintiff Kelci Stringer (“Plaintiff”), Stringer's wife and the executor of his estate, brings this wrongful death/survivorship action against, among others, the All American Sports Corporation and Riddell, Inc. (collectively, “Defendants”), and alleges that Defendants' helmets and shoulder pads are defective and caused Stringer's death. This matter is currently before the court on Defendants' Motion for Summary Judgment. (Doc. # 53.) For the following reasons, Defendants' Motion is GRANTED IN PART and DENIED IN PART.

I. Background

Stringer, an offensive lineman for the Vikings, reported to the Vikings training camp in Mankato, Minnesota on July 29, 2001. Conditions at the training camp were extremely hot and humid, and were potentially dangerous to anyone who was not acclimated to exercising in the heat. (Dep. of Walter Lyons p. 29, doc. # 56.) Stringer had a history of showing up to training camp in poor physical condition, and even though he arrived to the 2001 training camp in better condition than he had in previous years he still weighed approximately 340 lbs and was not acclimated to exercising in the heat. (Dep. of Mike Tice pp. 47, 85–6, doc. # 54.)

Training camp practice began on July 30. During both the morning and afternoon practices on July 30 the players, including Stringer, wore “shells,” which consisted of a helmet, shoulder pads, shorts and a jersey, in addition to shoes, socks, and undergarments. The helmet and shoulder pads that Stringer wore were manufactured by Defendants, and were constructed out of thick, dense padding to protect against the impacts players experienced during football practices and games. Although both the helmet and shoulder pads contained warnings against misuse, neither contained any warning about a risk of suffering a heat stroke or other heat-related illness. Stringer participated in the morning practice without incident, although he complained to coaches and trainers of an upset stomach. ( Id. p. 110.)

During the afternoon practice, however, Stringer suffered an episode of heat exhaustion. Stringer continued to complain about his stomach, and fellow players and coaches observed Stringer vomiting during drills. (Dep. of Matthew Birk p. 48, doc. # 57; Tice Dep. pp. 122–25.) Stringer's performance was described as “sluggish” and “struggling;” “[h]e was slow getting back to the line when he finished his repetitions and individual drills. He was not talkative, which he normally was; he was quiet. [He] had a look of anguish on his face.” (Tice Dep. p. 124.) When Stringer continued to vomit, coaches called for a trainer and removed Stringer from practice over Stringer's objections. The trainers took Stringer to an air conditioned trailer to cool down and gave him water, but did not give him any other first aid. (Dep. of Charles Barta p. 46, 47, doc. # 55.)

Training camp continued on July 31 with a morning practice. During this practice the players wore full pads instead of shells, i.e. football pants with knee, thigh, and hip pads instead of shorts, along with a helmet, shoulder pads, jersey, shoes, socks, and undergarments. Just as on July 30, the helmet and shoulder pads Stringer wore were manufactured by Defendants. Stringer continued to complain of stomach problems before the practice but trainers, after simply weighing him and determining that he had gained back the fluid weight he lost the previous day, cleared him to return to practice with the direction to continue drinking fluids. (Barta Dep. p. 259–60.) Stringer practiced well and his coaches did not observe him struggling with the heat (Tice Dep. 183–84), but at approximately 11:00 a.m. during a set of extra drills after the formal practice had ended Stringer collapsed on the practice field. (Dep. of Billy McFarland p. 46, doc. # 90–2.) He told his teammates that he needed a trainer (Birk Dep. 79), and once the trainers arrived Stringer got up and walked with them to the air conditioned trailer. (Dep. of Paul Osterman p. 40, doc. # 66.)

Inside the trailer the trainers allowed Stringer to rest and cool off and gave him water, but did not give him any other aid, assess his condition, or otherwise suspect that Stringer was in danger of or was suffering a heat related illness. ( Id. p. 65.) Stringer did not speak to or interact with the trainers except to thank them for removing his shoes, socks, and athletic tape ( id. p. 48–57), but he moved back and forth from a training table to the floor several times and was detached and distant. These are symptoms of heat stroke, but were not recognized by the trainers. After approximately 30 minutes in the trailer Stringer laid down on the floor and became unresponsive, and the trainers began to suspect that something was wrong. ( Id. p. 70–72.) Stringer was still sweating after 30 minutes inside an air conditioned trailer, and his skin felt cool and moist ( id. p. 79), both of which are symptoms of heat stroke. The trainers called for a medical advisor who arrived and initially believed that Stringer was hyperventilating, and consequently told one of the trainers to hold a plastic bag over Stringer's mouth. When Stringer did not respond to this treatment the trainers, although still not knowing what was wrong with Stringer, called for an ambulance at approximately 12:00 p.m. to take Stringer to the emergency room. (Dep. of Fred Zamberletti p. 67–69, doc. # 63.) At no point did anyone attempt to cool Stringer or realize that he was suffering from heat stroke.

Stringer arrived at the hospital at approximately 12:30 p.m. By this time he was comatose and his pulse was rapid. His temperature was taken for the first time since he collapsed, and it registered as 108.8° F. a full hour and a half after Stringer had stopped exercising. Stringer was admitted to the hospital and received treatment, but died at approximately 1:30 a.m. on August 1, 2001 due to multi-organ failure and complications from exertional heat stroke.

Plaintiff sued the National Football League, NFL Properties, Inc., Dr. John Lombardo (the “NFL Defendants”), and Defendants on July 28, 2003. (Compl., doc. # 1.) Plaintiff brought negligence claims against the NFL Defendants and alleged that they breached a duty of care to Stringer by failing to provide complete, current and competent information and directions to NFL athletic trainers, physicians and coaches regarding heat-related illness and its prevention, symptoms and treatment. ( Id. ¶¶ 29–43.) Plaintiff brought products liability claims against Defendants based on both design defect and failure to warn theories, as well as breach of warranty claims. Plaintiff alleged that Defendants' helmets and shoulder pads were defectively designed and/or manufactured because they act as an insulating blanket preventing evaporation and heat dissipation. According to Plaintiff, this unreasonably increases a player's body temperature and was a substantial contributing factor to Stringer suffering a heat stroke. Additionally, Plaintiff alleges that Defendants breached a duty to warn of this danger by not including any heat-related illness warning on either the helmet or shoulder pads, and that Defendants breached implied and express warranties. ( Id. ¶¶ 44–64.)

Both the NFL Defendants and Defendants initially argued that Plaintiff's claims were preempted by § 301 of the Labor Management Relations Act, 29 U.S.C. § 185, and filed motions to dismiss on that ground. (Doc. 7, 20.) The court, in a Memorandum Opinion and Order dated February 1, 2007, denied Defendants' motion in full and granted in part and denied in part the NFL Defendants' motion, see Stringer v. National Football League et al., 474 F.Supp.2d 894 (S.D.Ohio 2007), and the case proceeded to discovery. After a sufficient period of discovery, Defendants filed a Motion for Summary Judgment on October 30, 2008. (Doc. # 53.) Plaintiff responded on December 24, 2008 (doc. # 80), and Defendants replied on January 19, 2009 (doc. # 84). Defendants' Motion is now ripe for adjudication. Plaintiff and the NFL Defendants, however, stipulated to the dismissal with prejudice of Plaintiff's claims against the NFL Defendants on January 21, 2009. (Doc. # 89.) The court has diversity jurisdiction pursuant to 28 U.S.C. § 1332.

II. Summary Judgment Standard

Although summary judgment should be cautiously invoked, it is an integral part of the Federal Rules, which are designed “to secure the just, speedy and inexpensive determination of every action.” Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) ( quoting Fed. R. Civ. P. 1). The standard for summary judgment is found in Federal Rule of Civil Procedure 56(c):

[Summary judgment] ... should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.

Fed. R. Civ. P. 56(c). Summary judgment will be granted “only where the moving party is entitled to judgment as a matter of law, where it is quite clear what the truth is ... [and where] no genuine issue remains for trial, ... [for] the purpose of...