Personal Injury Law

Elderly Baseball Fan Files Injury Lawsuit Against Phillie Phanatic

By Michael

In disturbing news for one of baseball?s most iconic mascots, a 75-year-old woman recently filed a personal injury lawsuit against the Phillie Phanatic for his antics during a minor league game.

According to the Philadelphia Daily News, the plaintiff, Grace Crass, alleges that the giant, green, furry creature lumbered through the stands and stepped onto her legs during a game in Reading, Pennsylvania.

She further claims that the pressure of the famous mascot on her legs triggered her previously dormant arthritis. After the incident, she had to receive knee replacements, though it is questionable whether the mascot?s antics directly led to this procedure.

Crass is seeking more than $50,000 in damages due to sports spectator injury from multiple defendants, including the Philadelphia Phillies, the Reading Phillies, and Tom Burgoyne, the man inside the Phillie Phanatic costume on that fateful day.

The plaintiff?s attorney, John Speicher, has maintained a sense of humor about the lawsuit. He claims his friends have teased him that ?this is like suing Santa Claus.?

In addition, the plaintiff?s personal injury attorney is concerned about the type of responses the Phanatic will offer to the claim. Speicher anticipates that the Phanatic, upon arrival at the deposition, will merely ?stick his stomach and tongue out at me and not say anything.?

According to a study published in the Cardozo Law Review, the Phillie Phanatic has been sued more often than any other mascot affiliated with major league baseball. The mascot has been sued at least three times, including a personal injury lawsuit stemming from an incident where a fan received an overly aggressive hug from the giant green mascot.

However, the researchers were quick to observe that the Phillie Phanatic?s lengthy history of lawsuits is likely attributable to the mascot?s unusual longevity. Most teams change their mascots frequently over the course of a few decades, but the Phillie Phanatic has held on for a long time due to the character?s popularity with fans.

Another theory is that the mascot?s large, bulky suit prevents the man inside the costume from having full range of motion, leading to awkward, potentially dangerous falls.

Of course, the mascot is also known for his wild antics, and the Phanatic?s need to top previous frenzied displays of baseball fervor could also explain the occurrence of several personal injury lawsuits.

In defense of the embattled character, Bob Jarvis, a professor of sports law who penned the law review article on the big green mascot, claims that the ?Phanatic is a classic character? who is ?part of the game of baseball.?

The outcome of the pending legislation against the beloved mascot may determine whether the Phillie Phanatic will continue to be a staple of Philadelphia baseball games.

Full post as published by The Injury Blog on July 20, 2010 (boomark / email).