Court revives suit in death at stadium
MADISON, Wis. (AP) - A lawsuit brought by parents of an ABC Sports cameraman who died in 2003 after he fell at Camp Randall Stadium can move forward, an appeals court ruled Thursday.
Richard Umansky fell eight feet from a platform where he was installing a camera the day before he was to cover a football game between Wisconsin and Iowa. He suffered head injuries and died two days later.
His parents and estate filed a wrongful death lawsuit against Barry Fox, the director of facilities for Camp Randall. Fox was in charge of making sure the stadium complied with safety regulations.
The lawsuit claimed the platform lacked a railing required under state and federal rules and therefore Fox's negligence caused the death. The rules require platforms four feet or more above ground to have railings.
A Dane County Circuit judge dismissed the case in 2006, ruling employers and not individual employees have a duty to comply with those rules. Fox's employer, the University of Wisconsin-Madison, was already shielded from the suit as a state agency.
The District 4 Court of Appeals overturned that decision on Thursday, reinstating the lawsuit against Fox. A three-judge panel rejected Fox's arguments that he had no official responsibility to follow the regulations and could not be sued.
Richard Umansky fell eight feet from a platform where he was installing a camera the day before he was to cover a football game between Wisconsin and Iowa. He suffered head injuries and died two days later.
His parents and estate filed a wrongful death lawsuit against Barry Fox, the director of facilities for Camp Randall. Fox was in charge of making sure the stadium complied with safety regulations.
The lawsuit claimed the platform lacked a railing required under state and federal rules and therefore Fox's negligence caused the death. The rules require platforms four feet or more above ground to have railings.
A Dane County Circuit judge dismissed the case in 2006, ruling employers and not individual employees have a duty to comply with those rules. Fox's employer, the University of Wisconsin-Madison, was already shielded from the suit as a state agency.
The District 4 Court of Appeals overturned that decision on Thursday, reinstating the lawsuit against Fox. A three-judge panel rejected Fox's arguments that he had no official responsibility to follow the regulations and could not be sued.
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