If a tort lawsuit occurred and if the Cowboys were found liable, they could be required to pay millions in both compensatory damages and punitive damages.
Any such lawsuit would likely occur within the next two years, as Texas features a two-year statute of limitations period for negligence claims. It is more likely, however, that such a lawsuit would be settled long before it goes to trial, with the Cowboys' insurance companies paying some of the settlement. It is worth nothing that a negligence lawsuit as described above may be barred by Texas' workers compensation law.
Workers compensation provides a state-regulated insurance program that pays employees' medical expenses and lost wages if hurt on the job. Employers pay for workers compensation insurance and, in return, are protected from tort lawsuits filed by injured employees -- meaning employers with workers comp insurance are normally immune from injured employees' claims. Interestingly, Texas is the only state that does not require employers to carry workers' comp insurance, and it is unclear if the Cowboys did so for the particular employees injured by the collapse.
The injured persons also could choose to sue the practice facility's manufacturers: Summit Structures and Cover-All Building Systems, both of which have built other sports practice facilities, including the one used by the New England Patriots in Foxboro, Mass.
In tort law, there is a very old doctrine known as res ipsa loquitur, which is Latin for "the thing that speaks for itself. Here, one might say that a building doesn't collapse during non-catastrophic weather conditions unless a party, in this case the building company, is negligent.
The makers of the facility are a plausible party for a negligence lawsuit. The quality and choice of materials used to construct the steel-framed, fabric-covered facility would be examined in a trial, as would the quality of construction. If the stadium was designed to withstand winds in excess of miles per hour, then its failure to do so suggests either faulty construction or faulty maintenance by the facility's operators, or both.
In addition, meteorological experts might dispute the strength and tornado-like characteristics of the wind that befell the facility. The plaintiffs could also attempt to introduce into evidence previous civil judgments against the manufactures for facility-related problems, though a trial judge would have to weigh the prejudicial effects of such evidence before admitting it. Like with any lawsuit filed against the Cowboys, there is a good chance a claim against the manufactures would be settled before it goes to trial.
The Cowboys may also have legal remedy against the manufactures for breach of contract. In July , Collins appealed the suspension to a neutral arbitrator. Before the matter was resolved, the NFL allowed Collins to pay a fine in lieu of serving the suspension. A month later, Collins received positive tests for marijuana and during the season failed to appear for testing on seven occasions. Collins did appear for a drug test in November Collins then missed four drug tests in December.
The league suspended him for five games in January Collins appealed, with arbitrator James Carter hearing the appeal in August. Carter upheld the suspension. Collins, 28, also neglected to meet a duty to communicate his excuses to the test collector.
Carter also emphasized the alleged bribery attempt. The league did so to stress the extreme difficulty NFL players face in challenging arbitration awards rulings. In Brady , the U. The policy provides that a player who fails to cooperate will be treated as having a positive test result. Collins, by all accounts, failed to cooperate on multiple occasions. He did not alter a test result. He did not engage in any prohibited doping methods.
If Collins and other players wish to see the system changed, it will require the league and union to negotiate a new policy. Kyle Shanahan has defended Jimmy Garoppolo through the first seven weeks, but the 49ers head coach offered perhaps his most blunt criticism of the QB after the loss to the Colts. He jumps, he threw it in and it just came straight to me. I grabbed it and took off.
Suddenly, the crowd of 81, awoke from its slumber. The Cowboys had the lead again and a lot of momentum, all because a guy who spent most of the season on the practice squad made a spectacular play for the second consecutive week.
McCann makes a big play that just gets us ignited. He returned a kickoff 38 yards, but he was tackled by the kicker, something that usually would have led to a lot of wisecracks from teammates. Skip to main content Skip to navigation.
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