Former Omaha Beef player, Jusmon Rivers, is suing arena manager Central Illinois Arena Management Inc. (CIAM) and others for contributing to the knee injury he suffered while playing in the Champions Indoor Football League in Bloomington, Illinois.
Johnston Contractors Inc., the arena contractor, was one of the defendants named in the suit. Judge McDade granted summary judgment in September 2015, reasoning that Johnston could not be held liable for the work of subcontractors. CIAM is now also seeking summary judgment, hoping for the same result as Johnston.
In May 2013, Rivers injured, among other things, his ACL and MCL in his right knee during an indoor game at the U.S. Cellular Coliseum. Rivers alleges that while going through the back of the end zone, he was forced to jump over the boards. Due to a defective latch, a door in the boards opened, causing significant injuries in his knee. According to Rivers, he has incurred medical expenses and other damages as a result of his injuries. CIAM, on the other hand, contends that photos and videos indicate that the injuries were caused by hyperextension of the knee that occurred during his jump over the dashboards and before he came in contact with the door and its defective latch.
The parties disagree over the characterization of the statement of treating physician, Dr. David Brown, who diagnosed Rivers after the injury. In its motion for summary judgment, CIAM argues that Dr. Brown indicated that the hyperextension of the knee occurred prior to the contact with the opened door and that the door may have lessened the extent of the injury. Rather, Rivers argues that “dr. Brown testified that he did not know when specifically the hyperextension… occur[red] during the sequence of events.”
Therefore, Rivers argues, it is still unclear and disputed when exactly the hyperextension occurred and a jury could find that the failure of the latch was the cause of the injury. Rivers requests that CIAM’s motion for summary judgment be denied.