By Carla Varriale, of Havkins, Rosenfeld, Ritzert & Varriale
Last month, a wrongful death lawsuit was filed against the Kansas City Chiefs Football Club, Inc. by the family of a man who was viciously beaten to death in the parking lot of Arrowhead Stadium (the “Stadium”) during a December 2013 game. Also named as a defendant was his assailant, Joshua T. Bradley. Mr. Bradley pled guilty to involuntary manslaughter and was sentenced to five years of probation for his crime.
According to plaintiffs’ petition for wrongful death, Kyle VanWinkle attended a Kansas City Chiefs football game with his father and several friends. Although the football game started at 3:25 p.m., the parking lots at the Stadium opened at 10:30 a.m. Anyone willing to pay the admission price could enter and park in the Stadium’s parking lots regardless of whether they possessed a ticket to attend the football game. It also alleges that tailgating is “encouraged” at the Stadium by the Kansas City Chiefs and that the team is “well aware of the extensive alcohol use in the parking lots and the effects such alcohol as on the patrons at Arrowhead Stadium.” Defendant Kansas City Chiefs leased the Stadium’s parking lots and managed and operated the parking lots on game days. This included providing security guards and event day security personnel.
The allegations in the petition for wrongful death are reminiscent of the brutal beating of San Francisco Giants fan Brian Stow by two assailants in the parking lot of Dodger Stadium in 2011. Mr. Stow suffered severe and permanent brain injuries. His attack, and the trial that followed his lawsuit against the Los Angeles Dodgers, captured national attention. Unlike Mr. Stow, Mr. VanWinkle did not survive his parking lot encounter.
For unknown reasons, Mr. VanWinkle allegedly left the football game and returned to the parking lot. While in the parking lot, he mistakenly entered a car belonging to someone else and fell asleep. When the owner went to the car during the game, he discovered Mr. VanWinkle and the car owner sent his child to seek help. However, according to the petition for wrongful death, the child could not locate any security guards, police officers or event staff. Instead, the child sought help from members of the public who had been tailgating in the parking lot. This proved fatal for Mr. VanWinkle.
Defendant Bradley confronted Mr. VanWinkle and began punching Mr. VanWinkle in the head. As Mr. VanWinkle fell to the ground, Defendant Bradley continued to violently punch him until he was unconscious. Other tailgaters then leaned Mr. VanWinkle against a bus parked nearby and left him there. Several minutes later, someone discovered that Mr. VanWinkle was not breathing and eventually located a security guard to provide assistance. There were no security guards, police officers or any other event personnel in the vicinity of the attack. According to the petition for wrongful death, only Mr. Van Winkle possessed a ticket to the football game: the others were tailgaters who were drinking and watching the game on television in the parking lot.
The petition for wrongful death contains a litany of prior crimes and assaults at the Stadium from 2000-2013, including police report numbers for each referenced incident. Against this damning backdrop, the petition for wrongful death also claims that in 2013, the team retained “SP Gameday” to analyze the parking operation and to create “a better fan experience.” However, dangerous conditions in the parking lots or how to prevent the “significant amount of regularly occurring assaults in those parking lots or stadium” were not studied. Likewise, the petition for wrongful death takes aim at the alleged tailgating culture at the Stadium. The putative culture, created by the team in the parking lots during and after football games, leaves the amount or type of alcohol consumed, the behavior of the patrons or those participating in tailgate parties (regardless of whether the patrons have a ticket to the football game) unchecked.
The petition for wrongful death contains three counts. The first two counts are asserted against defendant Bradley for his intentional conduct and assault and battery of Mr. VanWinkle and seek damages, including aggravated damages in an amount to be determined, to deter such conduct in the future. The third count is asserted against the team for premises liability. This count is based on the team’s alleged failure to protect business invitees such as Mr. VanWinkle from foreseeable harm such as an attack by defendant Bradley. It cites to numerous purported shortfalls in security, including a lack of visible security at the Stadium, a failure to make use of data regarding prior incidents or crimes at the Stadium and a failure to utilize this readily available data in order to improve security and crowd control. The third count also seeks damages, including aggravated damages, in an amount to be determined.
The VanWinkle lawsuit bears watching not only because of its tragic and horrifying circumstances, but because it is an opportunity to revisit important discussions about the “fan experience” and safety at sports and entertainment events. It may also impact tailgating and alcohol service policies at Arrowhead Stadium and elsewhere. The discussion is worth having.
Carla Varriale, is a Partner at Havkins, Rosenfeld, Ritzert and Varriale, LLP in New York City. She is a litigator who represents teams and venues in premises liability matters. She teaches a Sports Law and Ethics class at Columbia University’s Sports Management Program. She can be reached at carla.varriale@hrrvlaw.com and 646-747-5115.
