$10 Million Wrongful death lawsuit filed against Patriots

[DaBruinz]

Hey Deb - don't bother. Bruinz has an issue with those that stand up for their rights. This won't change.

To hell with the child and the loss that he has experienced in losing his father.

Belichick010405 - You need to keep your mouth shut about me and what I think because you are absolutely clueless. I don't have an issue with people who stand up for their rights. I have issue with people who blame others for their own issues. I have issues with people like yourself who talk out their rear end and put words into other people's mouths like you are trying to do to me.

This lawsuit has nothing to do with the child and the experience he had. This has everything to do with blaming the Patriots for her husband being very obese and not taking care of himself. She can't accept the fact that she had a hand in his obesity either.

You, on the other hand, think that if a person dies from being in an argument the other person is responsible regardless of anything. Which is totally absurd..

 

[Jimke]

A few problems with the lawsuit. The person filing it has absolutely NO IDEA what was said by her husband at the time because she wasn't there. No one knows if the husband reacted defensively and angrily to begin with.

Now, a few things that will derail this lawsuit.

1) Claim #48 regarding not knowing that credentials were needed to go onto the field. The ticket policy specifically mentions that the ticket doesn't allow you onto the field. It sounds to me that Mr. Chartier was ignorant of privileges his ticket allowed.

2) Claim #54 will be under scrutiny because neither plaintiff knows what was said. Nor can they know what Mr. Chartier's reaction was. All they have, potentially, is heresay.

3) Your claim that 92C give credence to the lawsuit is actually derailed by the fact that Mr. Chartier was ignorant of what privileges his ticket allowed as shown by Claim #48.

4) Claim 92D doesn't take into consideration that Mr. Chartier may have been the one instigating the discussion, not the security guard by talking at the guard from his seat.

5) Claim 94 is baseless opinion. Everyone can have a bad day. That doesn't mean that the Company, was negligent in any of it's practices.

This is typical ambulance chasing. You name anyone and everyone you possibly can in hopes that one of the settles. It's ridiculous and the woman should be ashamed of herself.

Now, that being said, Mr. Sherman probably could have done better. So could the officials. But, that doesn't change the fact that Mr. Chartier had a pre-existing health condition that lead to his heart attack. Not the confrontation with the guard. In fact, it could be said that Mr. Chartier is at fault for not keeping his cool despite the security guard's antics knowing about his own severe health issues.

The fan guide mailed to season ticket holders each year states that
fans entering the playing field are subject to ejection .

A similar announcement is made at each game over the public address system.

 

[belichick010405]

Belichick010405 - You need to keep your mouth shut about me and what I think because you are absolutely clueless. I don't have an issue with people who stand up for their rights. I have issue with people who blame others for their own issues. I have issues with people like yourself who talk out their rear end and put words into other people's mouths like you are trying to do to me.

This lawsuit has nothing to do with the child and the experience he had. This has everything to do with blaming the Patriots for her husband being morbidly obese and not taking care of himself. She can't accept the fact that she had a hand in his obesity either. And how would you know that either? Boy - you are just full of judgemental opinions aren't you?

You, on the other hand, think that if a person dies from being in an argument the other person is responsible regardless of anything. Which is totally absurd..

Ok Bruinz - whatever you say. In this case - a picture is not worth a 1,000 words nor is it a proper medical evaluation.

NJ Gov. Chris Christie reveals he underwent weight-loss surgery - TODAY.com

 

[BradyFTW!]

And how do you know that pray tell?

Well the alternative is that someone used their mysterious psychic powers to kill the man.

Go have a heated argument with 1,000 people who don't have heart conditions. Record how many of them collapse and die on the spot. Return here to report your results.

 

[PatsDeb]

what took her 3 years to decide it was worth a lawsuit?

3 year statute of limitations. They probably filed a claim with whatever insurance company insures the Pats and/or their security guards (or the Pats could be self-insured) shortly after it happened, and if you don't settle by the 3 yr. anniversary, you have to file your claim in the appropriate court in order to preserve it.

 

[Demosthenes]

Not so. What if he's had the heart condition for 10 years? He was a season ticket holder and presumably has been to many games without incident. The only one he died at was the one where the security guard acted like a jerk.

This is my opinion only, although I am an attorney and many years ago did personal injury. I'm not trying to say the family will win. This one has settlement written all over it because it could go either way. It's not a cut-and-dried case for either side.

On what grounds does the estate have a case ? Seriously, are you trying to argue that arguing with a person is grounds for a wrongful death suit ?

 

[DaBruinz]

I would like to read the verbatim ticket policy that you are citing.

http://www.patriots.com/tickets/information.html#genpolicies


It is called witnesses.

Ibid on wanting to read the verbatim ticket policy with some form of verifiable source of that language.

See above


Ibid on witness.

Additionally - it will be further discovered what other forms of negligence between this 'employee' and this 'security company' have been alleged and founded in the past based on the contract that they are/were engaged in with the Patriots and/or any of the parties named in the complaint.

So, in other words, they are throwing crap at the wall to see what sticks. Typical ambulance chasing move.

Speculation at its best. This too will be found through discovery.

No. Not speculation. Simple fact. Had Mr. Chartier, knowing that his health was poor, ignored the guard, he wouldn't have had the argument and wouldn't have had the heart attack. That is based on the allegation that the heart attack was caused by the argument.

Bruinz - you just have a problem with anyone standing for their rights don't you? I have responded to each and every claim that you made in this post.

The only thing that you have said that is clear and true were the actions of the security guard based on one witness.

You really need to stop saying what other people are thinking because it only makes you look like a fool who doesn't know what he's talking about. I have no issue with a person standing up for their rights. However, you better know what those rights are. In this case, you clearly don't and you've said as much.

Every ticket comes with a policy on the rights that the ticket grants you. I posted the link on the Patriots website and I have no doubt that the Patriots send this to ALL season ticket holders when they first buy their tickets.

Here is the part of the Ticket policy that I believe is pertinent to the lawsuit.

" To the extent permitted by law, the ticket holder irrevocably waives all rights of whatsoever nature against the NFL, the Stadium, other participating clubs, and their affiliates and each of their employees, servants, agents, independent contractors or representatives (together, the "Released Persons") and releases and discharges the Released Persons from all claims, liability, costs, expenses, damages or losses (whether direct or consequential and whether arising under statute, from negligence, personal injury, death, property damage or otherwise) arising from or in connection with the game, concert, or related events (including parking for the same) or the venue or any service provided or anything sold there, notwithstanding that it may have been caused by the negligent act or omission on the part of any of such Released Person(s). "

There are also rules that state that you cannot be on the field unless you are credentialed. If you've watched any of the kids who have been on the field prior to games or at Half Time, you'd know this.

 

[SB39]

I don't think Robert Kraft owes these people 10 million dollars, I just don't. You can use all the fancy legal jargin you wish. He probably got fired, If so justice was served IMO.

If someone is going to drop dead from a heated argument then it was only a matter of time.

Sad situation....

That's pretty much what I was thinking too. Since there are no allegations of physical contact, then fact is that if a guy had a heart attack based on nothing but yelling, then really it was just a matter of time anyway.

 

[belichick010405]

If there is explicit language that states the child was not permitted, with the escort of NFL officials, then why wasn't the child and the father thrown out of the stadium prior to two verbal altercations instigated by this security guard?

If there is explicit language that this is the result of the child going on the field then why didn't the security guard do his job and have them removed from the premises instead of getting in both of the arguments?

Oh wait - because getting in those arguments was the standard operating procedure and was the correct thing to do.

 

[Section103]

I just remember walking up Rt1N to my car when I walked by a guy on the ground who was gray and they were no longer trying to resuscitate him.....he was gone.....I think they were waiting for more help to lift him into the ambulance as he was massive

That's not true at all. I was approx 20 rows from the guy when he was having his heart attack and EMTs and security were tending to him in his seat, then they took him down to the field through an access gate (he was in the first or 2nd row). They carried him behind the endzone and continued to do compressions until the ambulance backed on to the field from the visitors tunnel. They put him in the ambulance and drove away. Other fans (maybe friends) and security brought the son up the steps and away from the scene before they took him to the field.

He was a large man for sure, but not morbidly obese or 'massive'.

 

[Ice_Ice_Brady]

If he has had a heart condition for 10 years, and the Patriots or the parties involved SHOULD know about it, then you have proximate causation. Nothing in the suit states anything about this. The plaintiff will only win if they can prove that the Patriots were notified of this man's condition and were required to notify their security guard, and that the argument was the security guard's fault and not the deceased's fault, and that the argument actually led to the man's death. OR if the security guard's actions were so egregious and reprehensible that a reasonable person would believe a risk of death might occur. Of course, you might as well re-write the entire legal system if that last one occurs, and you'd better never give anyone a dirty look or raise your voice, lest you may be on the hook for a large sum of money.

This is a very cut-and-dried case unless there is information we are unaware of.

 

[DaBruinz]

And how would you know that either? Boy - you are just full of judgemental opinions aren't you?

How do I know what? That she was complicit in her husband's poor health? Gee, by the fact that he smoked cigars and drank beer despite being very obese. The pictures show as much. And clearly, she feels that someone other than her husband and herself is to blame for her husband's heart attack since she is suing the Patriots, NFL, et al in her lawsuit.

Ok Bruinz - whatever you say. In this case - a picture is not worth a 1,000 words nor is it a proper medical evaluation.

NJ Gov. Chris Christie reveals he underwent weight-loss surgery - TODAY.com

Yes, showing the morbidly obese Chris Christie sure supports your case... UM.. No it doesn't. Fact is that Chris Christie, despite the weight loss surgery, is still morbidly obese. He's a walking health issue. And if he died going up or down a set of stairs while having an argument with someone, it would be his own fault. Not the fault of the person he was having the argument with.

 

[belichick010405]

http://www.patriots.com/tickets/information.html#genpolicies

NEW ENGLAND PATRIOTS FAN CODE OF CONDUCT

Welcome to Gillette Stadium. We are committed to creating a safe, comfortable, and enjoyable experience for fans of all ages. The New England Patriots, the New England Revolution and Gillette Stadium established a Fan Code of Conduct to enhance the experiences for all of our guests.

All fans are required to take responsibility for their conduct and to ensure that they are not interfering with the enjoyment of others. Fans are specifically required to refrain from the following:

Behavior that is unruly, disruptive, or illegal in nature.

Intoxication or other signs of impairment that result in irresponsible behavior.

Foul or abusive language or obscene gestures.

Interference with the event (including throwing snow or other objects onto the field).

Failing to follow instructions of stadium personnel or law enforcement.

Verbal or physical harassment of others, including all fans, players, coaches and staff.

Violating the New England Patriots or New England Revolution ticketing policies.

Engaging in any of the above code violations in any areas outside Gillette Stadium that are owned or operated by Gillette Stadium or its affiliates.

Smoking in the stadium

All ticket holders are responsible for their conduct as well as the conduct of their guests or any other people they allow to use their seats. Event patrons and guests who violate these provisions will be subject to ejection without refund and potential loss of ticket privileges for future events.

New England Patriots, New England Revolution and Gillette Stadium officials thank you for adhering to our Fan Code of Conduct.

Too bad that instead of being "subject to ejection without refund and potential loss of ticket privileges for future events" that the security guard decided that another course of action was appropriate.

 

[Ian]

I found it in this entry I did on 9/14/10:

http://www.patsfans.com/ian/blog/2010/09/14/tuesday-patriots-headlines-september-14th/

And here's the direct link to the article about the incident:

Witness: Fan argued with staffer - The Sun Chronicle : Local News

Dwayne Hunter, 27, a military police officer from New Brunswick, Canada, said he witnessed the man arguing with the stadium employee and was the first to help him when he was stricken.

According to Hunter, the man's son was standing against the rail next to the field with a Patriots banner when a couple of NFL officials invited him onto the field to run along the sidelines and get pictures.

"They even gave him an NFL pen," he said.

While the boy was on the field and the father was against the rail near his seat watching his son and taking pictures, the stadium security staff member approached the father and told him that his son did not have credentials to be on the field, Hunter said.

"He told the event staff member that the NFL officials invited his son down and he (the stadium employee) started asking him if he knew the referees, and he said no, but the guy kept asking him who he knew and became really rude and derogatory toward him," Hunter said.

"Then, when the boy was brought back, there were two other event staffers talking with them, and I heard one telling the father that it was fine that his son was on the field, but the other guy kept giving him a hard time," the eyewitness said.

Hunter said that as the father and son walked back to their seats, the boy was crying and the father got really upset and argued further with the security staffer.

"I couldn't hear everything they were saying, but I did hear him say 'He's 6 years old. How can you make him cry on opening day when he just had one of the most exciting experiences of his life?'" Hunter said. "Then he sat down in his seat and that's when he keeled over."

So you've got an eyewitness account from a military police officer, and reading the details about the fact they even gave the kid a pen, the least they could have done is very nicely gotten him off the field instead of handling it the way they did.

Just a sad story overall

 

[DaBruinz]

If there is explicit language that states the child was not permitted, with the escort of NFL officials, then why wasn't the child and the father thrown out of the stadium prior to two verbal altercations instigated by this security guard?

If there is explicit language that this is the result of the child going on the field then why didn't the security guard do his job and have them removed from the premises instead of getting in both of the arguments?

Oh wait - because getting in those arguments was the standard operating procedure and was the correct thing to do.

Ahh.. I see. If your argument gets blown up, then change it.. Nice job..

As you stated to begin with, two wrongs don't make a right. But let's look at which "WRONG" came first. Hmm.. It was the ignorance of not knowing what rights your ticket gave you. And Mrs. Chartier admitted as much.

What happened afterwards is solely because of Mr. Chartier being in poor health and his own ignorance. It sucks, but that is reality.

Oh yeah, btw, something that the Canadian MP didn't mention was Mr. Sherman's demeanor immediately upon asking Mr. Chartier down for the 2nd time. Mr. Chartier could have said "WTF do you want" to Mr. Sherman, which clearly would have set Mr. Sherman off. There are plenty of aspects we don't know, but you seem bound and determined to make the Patriots, Sherman, et al. pay for Mr. Chartier's health-related death.

 

[captain insano]

far too many people are so willing to pass judgment without knowing all the facts and circumstances in this case and in life in general. its sickens the stomach. some say its a money grab. what else are they exactly supposed to sue for other than money? free season tickets? the kids father is dead. no money in the world can replace somebodies father. I don't know if the case is legit or not. but just because they are going after money doesn't mean the case is bull sh-t.

 

[Demosthenes]

I found it in this entry I did on 9/14/10:

Tuesday Patriots Headlines: September 14th - Ian's New England Patriots Blog :Ian's New England Patriots Blog

And here's the direct link to the article about the incident:

Witness: Fan argued with staffer - The Sun Chronicle : Local News



So you've got an eyewitness account from a military police officer, and reading the details about the fact they even gave the kid a pen, the least they could have done is very nicely gotten him off the field instead of handling it the way they did.

Just a sad story overall

Sure, it's a very sad story, and yes, things should have been handled differently.


BUT, that doesn't mean that there's grounds for a wrongful death claim here.

 

[belichick010405]

Ahh.. I see. If your argument gets blown up, then change it.. Nice job..

As you stated to begin with, two wrongs don't make a right. But let's look at which "WRONG" came first. Hmm.. It was the ignorance of not knowing what rights your ticket gave you. And Mrs. Chartier admitted as much.

What happened afterwards is solely because of Mr. Chartier being in poor health and his own ignorance. It sucks, but that is reality.

Oh yeah, btw, something that the Canadian MP didn't mention was Mr. Sherman's demeanor immediately upon asking Mr. Chartier down for the 2nd time. Mr. Chartier could have said "WTF do you want" to Mr. Sherman, which clearly would have set Mr. Sherman off. There are plenty of aspects we don't know, but you seem bound and determined to make the Patriots, Sherman, et al. pay for Mr. Chartier's health-related death.

You are clearly right and know exactly what happened. I am clearly wrong.

 

[Demosthenes]

far too many people are so willing to pass judgment without knowing all the facts and circumstances in this case and in life in general. its sickens the stomach. some say its a money grab. what else are they exactly supposed to sue for other than money? free season tickets? the kids father is dead. no money in the world can replace somebodies father. I don't know if the case is legit or not. but just because they are going after money doesn't mean the case is bull sh-t.

You have actually highlighted the problem in my opinion. We've gotten to the point where its "someone died, so, who do we sue".


Say he had lived through this and on the way home from the game, he and his son stopped for Pizza. Say the waiter at the pizza place made a mistake on the order and the two of them end up in a shouting match and that's when the dad died. Should the estate sue the pizza place and the waiter for wrongful death because the dad had a heart attack caused by arguing about a messed up pizza ?

 

[Ian]

Sure, it's a very sad story, and yes, things should have been handled differently.


BUT, that doesn't mean that there's grounds for a wrongful death claim here.

I didn't say they could, I was just posting this to provide a little more in terms of facts. I think she can obviously prove they were idiots and handled it poorly, but I don't know if she can prove they were financially negligent...although I'm assuming her lawyer must have some sort of plan to decide to move forward with it. I'm sure this won't be the last we'll hear of it.