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/