Wis. high court: Stadium official can face lawsuit
Wis. Supreme Court says stadium official can be held liable for 2003 death of TV cameraman
By Ryan J. Foley, Associated Press Writer
On Friday July 17, 2009, 5:40 pm EDT
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MADISON, Wis. (AP) -- 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.
"It was Fox's responsibility, as director of facilities for Camp Randall Stadium, to be sure that the stadium complied with OSHA regulations," Crooks wrote. "Period."
Crooks also rejected Fox's argument that he had no responsibility for Umansky's safety since Umansky was an employee of ABC, which was later cited by OSHA and paid a fine of $4,200. A settlement required camera operators to use protective equipment such as harnesses if platforms lacked railings. ABC also paid worker's compensation benefits.
J. Michael Riley, an attorney who represents the Umansky family, said he hoped the decision would clear the way for a settlement. He said the family is seeking the maximum $250,000 allowed for a claim against the state.
Riley called the decision fair and a step toward weakening a doctrine that allows government employees responsible for injuries to escape legal penalties.
"The state and its employees ought to have an obligation to the citizens of this state to behave safely and not in a manner that creates an unnecessary risk," he said. "That's what they did here and unfortunately the consequences of that were tragic."
Department of Justice spokesman Bill Cosh declined comment on the decision or a potential settlement.
Dissenting Justice Annette Ziegler said the ruling allows "a windfall recovery" for private workers injured at state buildings because they can get damages from their employers and the state. The decision weakens the goal of limiting legal damages funded by taxpayers, she said.
"Private employers are responsible for their employees' safety under OSHA," she wrote. "Contrary to the majority's conclusions, Fox should not be expected to be everybody's keeper."
Ziegler noted that a guardrail on the platform, atop an entry ramp to the stadium, had been removed at the request of an ABC technician in 1999.
Umansky was working alone to install a camera there when he fell to the cement floor below. He had worked for ABC Sports for nearly 20 years.
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