IN THE CIRCUIT COURT OF THE CITY OF ST.

LOUIS
TWENTY-SECOND JUDICIAL CIRCUIT
STATE OF MISSOURI
REGINALD BUSH,
Plaintiff,
vs.

Case No.

ST. LOUIS REGIONAL CONVENTION

AND SPORTS COMPLEX AUTHORITY,
Serve: 901 North Broadway
St. Louis, MO 63101

Division:

JURY TRIAL DEMANDED

and
ST. LOUIS CONVENTION & VISITORS
COMMISSION,
Serve: 701 Convention Plaza, Suite 300
St. Louis, MO 63101
Defendants.
PETITION
Plaintiff Reginald Bush files this Petition against Defendants St. Louis Regional
Convention and Sports Complex Authority and the St. Louis Convention & Visitors
Commission.
PARTIES
1.

Plaintiff Reginald Bush is a resident and citizen of California. Bush played for

the USC Trojans football team from 2003 to 2005 where he enjoyed one of the greatest
collegiate athletic careers of all time. The second overall pick of the New Orleans Saints in the
2006 NFL draft, Bush was part of the Saints team that won the franchises first Super Bowl in
2010. In 2011, Mr. Bush was traded to the Miami Dolphins where he played two seasons before
signing with the Detroit Lions on March 13, 2013. In 2015, Reggie signed with the San

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1622-CC00013

years in the league, amassing over 9,000 total yards from scrimmage and 57 career touchdowns.
2.

Defendant St. Louis Regional Convention and Sports Complex Authority

(RSA) is a body politic and corporate and a public instrumentality duly organized and existing
under the laws of the State of Missouri. The RSA constructed, operates, leases, controls, owns,
possesses, and maintains The Edward Jones Dome (the Dome).
3.

Defendant St. Louis Convention & Visitors Commission (CVC) is a public

body corporate and politic of the State of Missouri. The CVC maintains, operates, controls,
possesses and manages the Dome.
4.

RSA and CVC will be referred to collectively as Defendants.

VENUE

5.

Venue is proper in this Court pursuant to MO. REV. STAT. 508.010 because

Plaintiff was first injured in the City of St. Louis.

FACTS
6.

On November 1, 2015, the San Francisco 49ers played the St. Louis Rams at the

Edward Jones Dome in St. Louis, MO.

7.

At that time, the turf playing field at the Dome was surrounded by a slippery

concrete surface, now known by many as the concrete ring of death.

8.

Defendantscollectively and individuallyowned, operated, maintained, leased,

controlled, and possessed the Dome, including the playing surface and surrounding concrete
surface.
9.

Reggie Bush was playing in the game as a running back for the San Francisco

49ers.

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Francisco 49ers. Bush has been an explosive threat as a runner, receiver, and returner in his 10

With approximately 5:30 left in the first quarter, Mr. Bush ran out of bounds

while returning a punt.

11.

After the play had concluded, and while trying to slow down out-of-bounds, Mr.

Bushs momentum carried him from the turf to the concrete surface.
12.

Mr. Bush slipped on the concrete surface and injured his left knee, ending his

13.

One week prior to Mr. Bushs injury, on October 25, 2015, Josh McCown,

season.

quarterback for the Cleveland Browns, injured his shoulder after slipping on the same concrete
surface.
14.

Two weeks after Mr. Bushs injury, Defendants covered the concrete surface with

blue rubber padding.

COUNT I PREMISES LIABILITY
(ALL DEFENDANTS)
15.

Plaintiff incorporates the above allegations.

16.

On November 1, 2015, as described above, Mr. Bush was an invitee of

Defendants.
17.

Defendants were in control and possession of the Dome, including the playing

field and surrounding surfaces.

18.

Defendants owed a duty to the general public and specifically those invited on the

field, including, but not limited to, players, coaches, trainers, media, youth football players,
cheerleaders, fans, and referees to remove or warn of dangerous conditions in the Dome and to
maintain the Dome, including the playing surface and surrounding areas, in a reasonably safe
condition.

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10.

In violation of this duty, Defendants negligently permitted and maintained a

dangerous condition to exist at the Dome, creating an unreasonable risk of injury to those invited
on the field and surrounding surfaces, including Mr. Bush. Specifically, the turf playing field
was surrounded by a slippery concrete surface. This abrupt change in surface was not reasonably
safe.
20.

As described above, Mr. Bush slipped and fell on the slippery concrete surface,

injuring his left knee.

21.

Defendants knew or by using ordinary care could have known of the dangerous

condition. Indeed, just one week prior, another NFL player was injured by the same dangerous
condition.
22.

Defendants failed to use ordinary care to remove or warn of the dangerous

condition.
23.

As a direct result of Defendants conduct described above, Mr. Bush suffered

damages in the form of lost wages, medical expenses, loss of future earnings, and pain and
suffering.
24.

Defendants conduct showed complete indifference to or conscious disregard for

the safety of Mr. Bush and others, thereby justifying an award of punitive damages to punish
Defendants and to deter Defendants and others from like conduct.
WHEREFORE, Plaintiff Reginald Bush prays for judgment against Defendants in a fair
and reasonable amount in excess of twenty-five thousand dollars ($25,000.00), for punitive
damages, his costs herein incurred, and for such other and further relief as may be just and
proper.

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19.

25.

Plaintiff incorporates the above allegations.

26.

Defendants owed Mr. Bush and the general public a duty of reasonable care.

27.

Defendants breached the duty owed to Mr. Bush by one or more of the following

negligent acts or omissions:

a. Designing, constructing, and/or setting up the playing field such that it was
surrounded by a slippery concrete surface;
b. Failing to cover the slippery concrete surface with padding;
c. Failing to provide warnings related to the concrete surface; and
d. Such further acts as will be revealed during discovery.
28.

As a direct result of Defendants conduct described above, Mr. Bush suffered

damages in the form of lost wages, medical expenses, loss of future earnings, and pain and
suffering.
29.

Defendants conduct showed complete indifference to or conscious disregard for

the safety of Mr. Bush and others, thereby justifying an award of punitive damages to punish
Defendants and to deter Defendants and others from like conduct.
WHEREFORE, Plaintiff Reginald Bush prays for judgment against Defendants in a fair
and reasonable amount in excess of twenty-five thousand dollars ($25,000.00), for punitive
damages, his costs herein incurred, and for such other and further relief as may be just and
proper.
//
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COUNT II NEGLIGENCE
(ALL DEFENDANTS)

THE SIMON LAW FIRM, P.C.

By: __/s/ John G. Simon
John G. Simon, #35231
Kevin M. Carnie Jr., #60979
Timothy M. Cronin, #63383
800 Market Street, Ste. 1700
St. Louis, MO 63101
jsimon@simonlawpc.com
kcarnie@simonlawpc.com
tcronin@simonlawpc.com
Phone: 314-241-2929
Fax: 314-241-2029
KINSELLA WEITZMAN ISER KUMP &
ALDISERT LLP
Shawn Holley
Jeremiah Reynolds
Nick Soltman
808 Wilshire Blvd., 3rd floor
Santa Monica, CA 90401
sholley@kwikalaw.com
jreynolds@kwikalaw.com
nsoltman@kwikalaw.com
Phone: 310-566-9800
Fax: 310-566-9850

Attorneys for Plaintiff Reginald Bush

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Respectfully Submitted,