For the second time, Major League umpire Ed Hickox is filing suit against Wilson Sporting Goods claiming damages he sustained while using one of their products. Hickox previously was injured on May 14, 2005 while using an umpire mask that was given to him by a Wilson representative at RFK Stadium. A ball struck Hickox's jaw, which caused the mask to flip up upon impact. As a result, Hickox suffered a concussion and broken bones. He successfully sued Wilson and was awarded $775,000 by a District of Columbia Superior Court jury in April of last year.
At new Yankee Stadium on April 18, 2009, Hickox was calling balls and strikes when a foul ball struck him in the mask. Hickox did not immediately leave the game, but did so two innings later and did not umpire the rest of the 2009 season. He had suffered another concussion and a left ear injury from the hit. Now, Hickox claims that Wilson is liable for those injuries because the mask did not do what Wilson claimed it would do—protect him.
Howard Richman and Patric Regan, personal injury attorneys representing Hickox, have filed a complaint in New York in the State Supreme Court. The claims Hickox makes is that the umpire's mask “cracked into pieces upon impact and didn’t protect an umpire in the way it is reportedly designed to do.” Additionally, Hickox claims he has suffered "mental anguish" from the injury, surgeries and medical costs. Ed Hicox's wife, Lisa, is also listed as a plaintiff in the suit claiming damages for “considerable time caring for and assisting her husband.”
The suit does not ask for a specific monetary amount in damages, but Hickox is looking for punitive damages because they claim that “actual malice or acting under circumstances amounting to a willful and wanton disregard of the plaintiff’s rights" occurred. However, this will not be such an easy suit to win for Hickox. Darren Heitner, a sports attorney, has said that "it's very difficult to prove" and that since he has already previously sued Wilson and no other incidents with Wilson have occurred, it will probably help Wilson's defense. Major League Baseball nor Wilson has released a statement concerning the filed complaint.
News: http://www.forbes.com/sites/tomvanriper/2012/04/19/major-league-umpire-hurt-three-years-ago-wants-wilson-sporting-goods-to-pay-up/
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16 comments :
Somebody please explain to me why he continued to use Wilson's mask after the first incident?
That question aside, this does not reflect well on the quality provided by Wilson either.
Wow Injured on April 18, 2009 and sues just under three full years later. Ran right up against New York's personal injury statute of limitations, which is 3 years. I guess if anyone would know, it would be Detective Hickox. The only thing that's bad though is when you're looking for Hickox if he's assigned to your case and, uh oh, it's March, so he's at Spring Training! Fune times in Daytona Beach (Shores).
How come only Hickox gets injured enough to sue? Joe West cannot be happy that Hickox is sueing the company he gets a pay check from a couple of times a year......big pay checks too.
Isn't Gerry Davis the guy that gets money from Wilson not Joe West?
This has the potential to set a precedent... As someone who received three concussions from foul balls to the mask... I had no idea the company making the mask could possibly be liable... I thought the injuries were part of the territory... I should have also sued for Rawlings making the baseballs too hard and breaking my arm.. If only I knew!!
As much as I like Eddie he is in dead ball territory on this one.
Still waiting for Buster Posey to sue the Marlins and Scott Cousins, heck maybe he can also sue Joe West, the umpires union, MLB, the San Francisco Giants, AT&T and Spalding—maybe even the Hall of Fame for inducting him.
Volenti non fit injuria, to a willing person, no injury is done. Assumption of risk, something has to catch on here.
When did the Hall of Fame induct Buster Posey?
I meant Al Spalding, founder of Spalding Sports and HOF pitcher from the 1800s
My bad, I misunderstood. Poor Buster, he still has to earn his spot in the Hall just like everyone else.
Lets not forget that Posey's catchers equipment is made by Under Armour (actually their name is on it, I think it is actually made by All-Star) so he could probably sue them both for not protecting him... What shoe company does he wear? Their fault for his ankle breaking right?
Looks like David Rackley is the extra ump to see action today due to a doubleheader in Detroit.
West gets paid for the west vest, shin guards and masks (not the bucket helmet) that are distiributed by Wilson sporting goods. To my knowledge Davis is not compensated by Wilson but instead has his own umpire apparel and equipment company.
Big accomplishment by Phil Humber in Seattle today...overall a good game by Runge, but that last call on the check-swing reminded me a little of his last call of Jonathan Sanchez's no hitter a few years ago- maybe got a little excited...I think the pressure on the umpire can be forgotten in those situations!
Phil Humber throws the 21st perfect game in MLB history. Brian Runge, the plate umpire, was also behind the plate for Jonathan Sanchez's no-hitter in 2009, according to Wiki.
Questionable call on the check swing at the end. The broadcast didn't show the side angle. I hope Ryan swung because otherwise, uh-oh. I also hope Ryan was ejected.
I think Ryan should have run to first sooner...probably wouldn't have made it but that would have been one hell of a miserable way to lose a perfect game if he did.
Actually Ed and Joe are still very very good friends....and hes got a point, if the mask cracked then wilson did not design it to be "protective" its their fault NOT his!
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