A federal judge from the Middle District of Tennessee has granted former New Orleans Saints Quarterback Adrian McPherson’s request to have his claim remanded back to state court in a case where McPherson sued the Tennessee Titans for negligence after he suffered a freak injury during halftime of his team’s game with the Titans.
Essentially, the court found that McPherson’s claim had an independent basis under state law and that it is not “controlled” by any interpretation of the NFL’s Collective Bargaining Agreement.
The incident occurred when the Titans’ mascot T-Rac was throwing items into the stands during halftime. T-Rac, played by the club’s director of mascot operations Pete Nelson, was headed off the field when the Saints were returning from their locker room for the third quarter. His cart collided with McPherson, allegedly causing a deep thigh bruise just above the knee. The quarterback missed the rest of the game. He “ultimately was placed on the injured reserve,” according to the complaint. “Being placed on injured reserve meant that plaintiff would be forced to miss the entire NFL season.”
McPherson claimed the Titans failed “to properly supervise and train its employees and agents to perform its duties in a safe and reasonable manner.”
Further, he alleged that the Titans “breached its duty by allowing its mascot to operate motorized vehicles on the field while players were present. Further, the mascot’s reckless disregard for the safety of players of the opposite team was a breach of its duty and the conduct is so reckless as to require punitive measures.”
McPherson sued the Titans for negligence in Davidson County Circuit Court, seeking $5 million in damages for negligence and $15 million for punitive damages.
The Titans ultimately removed this action to federal court under 28 U.S.C. § 1441, asserting federal question jurisdiction and citing Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185(a). As a member of the NFL, it argued, it is subject to the collective bargaining agreement with the NFL Players Association, of which the plaintiff is a member. Those relationships, it argued, mean that McPherson’s state court action “presents a federal question.”
In considering the argument, the court found Brown v. NFL, 219 F. Supp.2d 372 (S.D.N.Y.2002) to be “highly persuasive authority on the asserted preemptive effect of these provisions of the CBA and the removal issues here.
“In Brown v. NFL, 219 F. Supp.2d 372 (S.D.N.Y.2002), the district court addressed the impact of the NFL’s CBA upon an injured NFL player’s state tort action against the NFL for a game official’s alleged negligence in throwing a penalty flag during the game and causing injuries to the player’s eye. On the issue of whether the Plaintiff’s claim is independent of the CBA, Brown posed this standard: ‘To be independent of the CBA, a tort claim must allege a violation of a duty ‘owed to every person in society,’ as opposed to a duty owed only to employees covered by the collective bargaining agreement.’ Id. at 380 (quoting United Steel Workers of America, AFL-CIO-CLC v. Rawson, 495 U.S. 362, 371, 110 S. Ct. 1904, 109 L. Ed. 2d 362 (1990)).”
The court continued in describing the applicability of Brown to the instant case:
“If an NFL player’s state court action for injuries due to the alleged negligence of a NFL official on the field during a game is not completely preempted and removable, then the Plaintiff’s state tort action based upon the alleged negligence of the Defendant’s mascot on the Defendant’s premises during halftime, is an independent state law action and is not completely preempted nor removable. Whether the Defendant’s preemption defense ultimately defeats Plaintiff’s claim is an issue for the state courts.”
Adrian McPherson v. Tennessee Football Incorporated, d/b/a Tennessee Titans; M.D.Tenn.; NO. 3:07-0002; 2007 U.S. Dist. LEXIS 39595; 5/31/07
Attorneys of Record: (for plaintiff) Christopher L. Taylor and James R. Krenis of Hill, Boren, P.C., Jackson, TN. (for defendant) Mark W. Peters and Robert Earl Boston of Waller, Lansden, Dortch & Davis, Nashville, TN.
