Frederick v. AEG Management Butchertown et al

Case Background

Plaintiff Loran Frederick filed a premises liability lawsuit after sustaining serious personal injuries after he lost his footing and fell face-first into a steel pole while entering the Lynn Family Stadium. He alleged that he was injured because of the stadium’s negligence in maintaining the premises in a safe condition.

The case was filed in the Kentucky Circuit Court, Jefferson County. Judge Eric J. Haner presided over this case. [Case number: 22-1151]

Cause

On April 24, 2021, Loran Frederick, a 57-year-old insurance broker, attended a Louisville City professional soccer game at Lynn Family Stadium in Butchertown, located east of downtown. The stadium was jointly operated by Louisville Football Stadium and AEG Management, referred to as the defendant.

Frederick regularly supported Louisville City and held season tickets, along with a parking pass for the Green Lot. That evening, Louisville City faced Atlanta United 2 in the USL Championship League. After parking, Frederick headed towards the stadium.

He followed the crowd from the parking lot along Campbell Street to the Purple Lot, which was nearer to the stadium. This route required him to cross a railroad track operated by R.J. Corman, a track not owned by the stadium. R.J. Corman had a prominently posted sign warning that crossing the tracks constituted trespassing on their property.

Frederick navigated the railroad tracks and encountered a steep uphill path. The defendant was aware that patrons used this informal route and had covered it with gravel. When Frederick reached the top of the slope, he faced another hurdle.

A guardrail stood at the summit, but the defendant had created a gap in it to facilitate access. Patrons could then descend the hill, cross the Purple Lot, and enter the stadium.

Unfortunately for Frederick, as he neared the slope’s peak, he lost his footing on the loose gravel. He fell forward, striking a two-foot steel pole positioned in the gap of the guardrail. The impact was severe, leaving Frederick visibly injured, and he was transported to a local emergency room.

Injury

The impact caused Frederick a 29 cm laceration that went through his lip and face. He also sustained a complex and comminuted open jaw fracture, which required surgical repair. Additionally, Frederick broke five teeth: numbers 22, 23, 24, 29, and 30.

Recovering was far from simple. Frederick spent 11 days in the hospital, which included an open reduction internal fixation to mend his jaw. All of his broken teeth were extracted during this time. While hospitalized, Frederick developed a pneumonia complication.

The jaw fracture forced Frederick to rely on a feeding tube initially. Afterward, he had to eat only soft foods for a while. He continued to experience nerve damage in his face, affecting his ability to chew and eat. This condition also impacted his saliva control.

Damages

Due to the defendant’s negligence, Frederick’s medical expenses totaled $185,300. Additionally, he sought $44,059 to cover future care needs. If Frederick won at trial, the jury could grant him his medical expenses as outlined. Additionally, he could receive $1.5 million for both past and future suffering.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Loran Frederick
    • Counsel for Plaintiff(s): Jason D. Swinney | Danielle R. Blandford | Lauren E. Marley
    • Experts for Plaintiff(s): David Collette
  • Defendant(s): Louisville Football Stadium | AEG Management Butchertown
    • Counsel for Defendant(s): B. Scott Jones

Claims

Frederick filed a lawsuit against the defendant, claiming negligence in maintaining the premises for customer safety. The core of his case was that the stadium operators knew patrons would cross from the Green Lot. They traversed the railroad tracks, climbed the steep, gravel-covered hill, and passed through the gap in the guardrail where Frederick fell.

Frederick argued that there was no signage to guide him on where to walk. He addressed the claim that the steel pole was open and obvious. When he lost his balance on the gravel, he was thrown forward uncontrollably. Additionally, because he was following the crowd, he never saw the pole before the impact.

Defense

The defendant denied allegations of negligence and the responsibility for Frederick’s fall, stating it happened at 6:30 p.m. while it was still light outside. They argued that the condition of the slope, the cut-through, and the pole were all open and obvious. Importantly, they noted that Frederick chose the dangerous path across the railroad tracks, where he trespassed, and then up the slope. He could have taken a safer route, which involved using a set of stairs and a paved sidewalk directly to the stadium.

The defendant also filed for summary judgment, highlighting Frederick’s status as a trespasser when crossing the railroad tracks. In response, Frederick argued that this did not excuse the stadium’s liability since he was only trespassing on the railroad property, not at the stadium itself. Judge Haner denied the motion, allowing the case to proceed to trial.

Expert Testimony

Frederick’s engineering expert, David Collette, who specialized in pedestrian traffic, criticized the absence of fencing, signage, or orange barricades. These measures could have directed and controlled the expected pedestrian flow. That night, nearly 7,500 patrons attended the game, where Louisville City won 2-0. Undoubtedly, hundreds of attendees used this path.

Jury Verdict

The trial lasted over three days and concluded on October 3, 2024. The jury received instructions to determine whether the defendant failed to maintain the premises in a reasonably safe condition, and if this failure significantly contributed to Frederick’s injuries. The jury responded affirmatively for the plaintiff. They also found comparative negligence, assigning 65% of the fault to the defendant and the rest to Frederick.

Regarding damages, the jury awarded Frederick his medical expenses of $185,300 and future medical costs of $44,059, as claimed. They assessed his past pain and suffering at $750,000 and his future pain and suffering at $540,000. In total, the jury’s verdict for Frederick amounted to $1,519,359.

Court Documents:

Available upon request