Trial Magazine

Reginald Bush had a successful professional football career and was named the starting running back for the San Francisco 49ers. While playing against the then-St. Louis Rams at the Edward Jones Dome in 2015—whose turf playing field was surrounded by a slippery concrete surface—Bush ran out of bounds while returning a punt. After the play ended, and while trying to slow down, Bush slipped on the concrete, suffering a left lateral meniscus tear. He required surgery and extensive rehabilitation and did not return that season.

Although he subsequently obtained a one-year contract with a different team, he was unable to play. He has not signed another professional football contract, and now, at 33, he still has problems with his knee.

Bush sued The Los Angeles Rams, LLC, alleging it was responsible for The St. Louis Rams, LLC’s failure to warn of and fix a known dangerous condition at the Edward Jones Dome. The plaintiff charged that the St. Louis Rams should have covered the slippery surface with padding, as it had done on the concrete leading from the locker room to the field, especially after another player had skidded on the concrete the week before his injury.

Bush asserted that had he not been injured, he would have obtained a free agency contract worth between $6 million and $13.5 million. He did not claim medical expenses.

The jury awarded $12.5 million, including $7.5 million in punitive damages.

Citation: Bush v. St. Louis Reg’l Convention & Sports Complex Auth., No. 1622-CC00013 (Mo. Cir. Ct. St. Louis City June 12, 2018).

Plaintiff counsel: AAJ members John G. Simon, Timothy M. Cronin, and Kevin M. Carnie Jr., all of St. Louis; and Shawn Holley, Jeremiah Reynolds, and Nick Soltman, all of Santa Monica, Calif.