Exclusive Remedy Even Applies to Football By Michelle Logsdon - February 7, 2002
The Minnesota Vikings are claiming exclusive remedy in a wrongful death lawsuit filed by the family of Korey Stringer. The team wants the case dismissed citing the organization’s protection under the state’s Workers Compensation Act.
Stringer collapsed due to heatstroke Aug. 1, 2001—the second day of training camp. When he arrived at Mankato hospital his body temperature was 108.8 degrees. He died 15 hours later.
Stringer’s widow, Kelci, is suing the team for $100 million. She claims the coaches and medical staff did not do enough to save her husband’s life. In Nov. 2001, Minnesota occupational safety officials stated that the Vikings did not violate any safety or health requirements at the time of Stringer’s death. They also said the team had been informed about heat-related illnesses.
Attorneys for the team drafted a lengthy memo stating that Stringer’s family was trying to skirt around the workers’ compensation laws and “concocted a complaint that brims with inflammatory, overstated, and sometimes entirely false allegations and conclusions.”
Workers’ compensation laws in Minnesota prohibit an employee or his family from suing co-workers or an employer due to on-the-job injury or death unless gross negligence or intentional harm can be proven.
Adjuster / Examiner Claims Examiner Santa Ana Unified School District Santa Ana, CA
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