Wis. high court: Stadium official can face lawsuit (death in 2003)

[Omaha Steve]

http://www.chicagotribune.com/news/chi-ap-wi-cameramansfall,0,6849227.story

Wis. high court: Stadium official can face lawsuit

By RYAN J. FOLEY | Associated Press Writer
12:17 PM CDT, July 17, 2009

MADISON, Wis. - A University of Wisconsin-Madison official can be held liable for the 2003 death of a television cameraman who fell off an unguarded platform, the Wisconsin Supreme Court ruled Friday.

In a 4-3 decision, justices said a wrongful death lawsuit filed by the parents of the late ABC Sports cameraman Richard Umansky can move to trial.

Umansky, 48, of Davie, Fla., suffered head injuries after falling 8 feet from a platform while installing a camera the day before a football game between Wisconsin and Iowa. He died days later.

The lawsuit claims Camp Randall Stadium's facilities director Barry Fox failed to comply with state and federal safety rules that required the platform to have a railing. Fox testified in a deposition that he was in charge of ensuring the stadium followed Occupational Safety and Health Administration rules.

The Wisconsin Department of Justice, which represented Fox, argued that he could not be sued under a doctrine that gives legal immunity to state employees in most cases.

But Justice Patrick Crooks, writing for the majority, said Fox did not qualify for immunity because he had no discretion to ignore the safety rules.


FULL story at link.