Wade Clark Mulcahy LLP

<p style="text-align: justify;">On March 13, 2019, the unthinkable happened in Philadelphia, PA - a trial court sided with the Dallas Cowboys over the Philadelphia Eagles – albeit in the context of a bathroom brawl.</p>
<p style="text-align: justify;">In <em><a href="https://www.wcmlaw.com/wp-content/uploads/2019/03/Pearson-v.-Philadelphia-Eagles-LLC-and-APEX-1.pdf">Pearson-v.-Philadelphia-Eagles-LLC-and-APEX</a><a href="https://www.wcmlaw.com/wp-content/uploads/2019/03/Pearson-v.-Philadelphia-Eagles-LLC-and-APEX.pdf"></a></em>, a trial court upheld a jury verdict of $700,000 to Pearson, primarily on the basis of the of the failure of the Philadelphia Eagles, LLC and its security contractor, APEX, to provide appropriate security to opposing fans – even those from Dallas. The trial court found that Pearson was accosted in the bathroom, after a series of charged insults between Pearson, wearing a Dallas Cowboys shirt, and Philadelphia Eagles fans. Pearson testified that he was called “loser”, among other insults. An altercation ensued, and a minor brawl commenced, resulting in Pearson suffering a visibly fractured foot.</p>
<p style="text-align: justify;">Deposition testimony revealed that APEX had roughly 12 undercover security agents wearing Dallas shirts, expressly for the purpose of sniffing out Eagles fans who were too rowdy and/or abusive. Apex further testified that there were incidents involving intoxication in the restrooms the night Pearson was attacked. The Judge ruled, in the appeal of the verdict, that it was reasonably foreseeable that Eagles fans, where intoxication is possible and/or probable, would react poorly to Dallas fans – and this was supported by APEX’s actions in placing agents undercover. It was further reasonable that an attack could happen in the bathrooms, as previous incidents, including those that very night, had also occurred in the bathroom.</p>
<p style="text-align: justify;">This jury verdict goes to show that even with the most friendly jury possible (or simply anti Dallas), bad facts and bad testimony can doom your case. Fly Eagles Fly!</p>
<p style="text-align: justify;">Thanks to Matthew Care for his contribution to this post.</p>