The Broncos aren't a defendant in Patrick's suit, but there's another Denver connection: In addition to the National Football League, the Los Angeles Chargers, ESPN (which broadcast the October 17 contest) and the Roe Mat Company, the document names Kroenke Sports & Entertainment Company, which owns SoFi Stadium, the setting for the match-up. The outfit is named for billionaire Stan Kroenke, whose other properties include the Colorado Avalanche, the Denver Nuggets and Ball Arena.
None of the defendants have commented on the lawsuit. But the document, assembled by San Diego-based Berman & Riedel, LLP, offers a series of fascinating arguments even as it reveals that the risks faced by athletes simply by participating in their chosen profession may be compounded when they leave the field.
According to the suit, Patrick was trying to make a tackle following a punt in an overtime period as part of the Broncos' special-teams unit when his "momentum carried him off the field and onto the sidelines." There, Patrick tried to avoid contact with an NFL television liaison, known within the industry as a "Greenhat" — hence the presence of Moe "Greenhat" among the defendants. The complaint contends that the liaison was "improperly situated at the 25-yard line and for some odd reason ran directly into the path" of Patrick, who collided with him, then "stepped on one of three mats placed along the sideline to cover electrical cords/cables leading to the NFL's instant replay monitor" by ESPN crew members.
At that point, the suit continues, "Patrick's cleats became lodged in the mat and/or the cords/cables running underneath," causing his "left knee to contort." As Patrick fell, he tore his anterior cruciate ligament, or ACL, which will knock him out of the game for the remainder of the season and possibly limit his ability to perform long-term; although ACL care has improved greatly in recent years, the injury can still prematurely end careers.
The suit contends that the defendants "had a duty to inspect the premises for dangerous conditions and/or ensure the field (including all items placed on the field, such as mats) was safe for use and not reasonably foreseen to cause a dangerous condition, before the commencement of the scheduled game, including by ESPN staff and NFL officials who were to conduct a '90 minute officiating meeting' to ensure that there were no dangerous conditions that could affect the safety of those on the side-lines, including the players."
Here's one of several lists of alleged "negligent acts or omissions" included in the suit:
a. Designing, constructing, and/or setting up the playing field such that the sidelines were unsafe for players forced to run out of bounds;These complaints could be applied to every NFL game, where there's no barrier between the gridiron and the sidelines, which tend to be cluttered with benches, warming devices, fans and more — not to mention cameras and seemingly endless strands of cable. The dangers are even more obvious in pro basketball, whose players regularly fly into patrons seated at courtside, as well as camera operators, arena personnel and the like. And while baseball and hockey venues are designed with greater separation between patrons, broadcast staffers and so on, the barriers themselves bring significant risk of injury.
b. Knowingly running electrical cords/cables for the NFL’s instant replay monitor from approximately the stands all the way across the sideline to near the out-of-bounds 20-yard line marker;
c. Knowingly placing three mats over the electrical cords/cables on the sidelines;
d. Failing to inspect the field of play, including sideline areas, for dangerous conditions prior to commencing the game;
e. Failing to provide any warnings of the unsafe condition (i.e., the cords/cables and/or mats on the sidelines) prior to commencing the game;
f. Failing to train defendant Moe "Greenhat" on where he was supposed to be located on the sidelines;
g. Failing to ensure that defendant Moe "Greenhat" was correctly positioned on the sidelines during the course of the game;
h. Failing to ensure player safety;
i. Failing to correct any known dangerous conditions prior to the commencement of the October 17, 2022, game between the Los Angeles Chargers and the Denver Broncos; and
k. Such further acts as will be revealed during discovery.
The incredibly deep pockets of the NFL and defendants such as Kroenke present a formidable obstacle to Patrick. But even if his efforts fail, the complaint lets these powerful entities know that there's now a new reason that they could be hauled into court.
Click to read Aaron Patrick v. National Football League, et al. Here's a video of Patrick's injury:
