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Guest Editorial
By Marvin MatsonMy daughter, Tammy Matson, had just gotten her life together when the world fell out from under her -- literally. She’d been sitting on the railing of a Rose Garden terrace like so many other fans had done when she leaned back, shifted arms and plunged over 40 feet to the concrete below. She was terribly, permanently injured. The recent jury verdict awarding her $2.1 million may seem exorbitant to some, an unearned financial windfall. They’re not even close on either count.
Evidence not well reported included these facts:
-- The Oregon Arena Corporation’s safety committee was told 10 months before the Dec. 6, 2002 accident that it was a matter of not ‘if” but “when” someone would tumble off one of the smoking terraces. A safety committee member testified he asked the Rose Garden to install safety fencing around the terraces. Instead, management ordered warning signs be posted on the two high-dollar terrace levels but not on the “300” level, where average fans go.
-- Tammy wasn’t "intoxicated." OAC claimed she’d had five beers, but the evidence showed she’d just begun her third. Her blood alcohol level tested below the legal limit for driving.
-- On the 300 level, the three-foot wide ledge behind the railing -- a ledge fans routinely sat on -- ended abruptly behind a portion of the railing. A fan not familiar with the terrace (Tammy wasn’t. It was her first game), wouldn’t have known this, and they would’ve had trouble seeing it in the dim light of that dark night.
The jury, which came from all walks of life, listened carefully for almost two weeks, and spent a full day deliberating to a unanimous verdict. They actually listened before making a decision, unlike the spin-masters and bloggers claiming this is some kind of frivolous award. They found Tammy and OAC equally responsible. Tammy’s medical bills are already over $1 million at this point, and her future medical expenses are expected to be at least another $2 million. So the verdict won’t begin to cover her medical debt. But the real loss will be in her quality of life. Today Tammy walks with a cane. She can never bear children. Surgical repairs are not expected to last. Her future includes arthritis, pain, and a wheelchair.
My wife and I, over the last 30 years, have fostered more than 250 teen-agers in our home. We were so proud to see Tammy come through some rough patches and start getting her life on track. She had a place of her own, a job, a church. She was optimistic about her future. Today, she lives in rented garage space and struggles to hold a part-time job.
Ironically, the night of her accident she’d been picked the Rose Garden’s “Lucky Fan.” But anyone who thinks Tammy got lucky that night had better think again.
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