IN THE STATE COURT OF FULTON COUNTY

STATE OF GEORGIA
LAURA HALE MURREY, as Executrix of the
Estate of Gregory Kent Murrey, Deceased; and,
LAURA HALE MURREY, individually and as
Surviving Spouse of Gregory Kent Murrey,
Deceased, and on behalf of Jason Murrey and
Elizabeth Murrey Davis,
Plaintiffs,
vs.
ATLANTA NATIONAL LEAGUE
BASEBALL CLUB, INC., LIBERTY
MEDIA CORPORATION, and MAJOR
LEAGUE BASEBALL ENTERPRISES, INC.
Defendants.

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JURY TRIAL DEMANDED

CIVIL ACTION FILE

NO.: ______________

PLAINTIFFS COMPLAINT

Michael A. Caplan
T. Brandon Waddell
CAPLAN COBB LLP
75 Fourteenth Street, NE, Suite 2750
Atlanta, GA 30309
Tel: (404) 596-5600
Fax: (404) 596-5604
mcaplan@caplancobb.com
bwaddell@caplancobb.com

Michael L. Neff
D. Dwayne Adams
Shane Peagler
Susan M. Cremer
THE LAW OFFICES OF MICHAEL NEFF, P.C.
945 E. Paces Ferry Road NE, Suite 1770
Atlanta, Georgia 30326
Telephone: (404) 531-9700
Facsimile: (404) 531-9727

Page 1 of 34

PLAINTIFFS COMPLAINT
Introduction

Gregory Kent Murrey

On August 29, 2015, Gregory Kent Murrey was watching the Atlanta Braves play the
New York Yankees at Turner Field. Greg was standing in front of his second-row seat in
Section 401, located in the upper deck. The railing in front of Section 401 was only 30 inches
above the floor of the first row. From where Greg stood at the second row, the top of Section
401's guardrail barely reached the height of Gregs ankles.
As could happen to any baseball fan, Greg fell forward. When Greg fell, he plunged
over the railing and dropped approximately 50 feet to his death.

Page 2 of 34

Gregs death could and should have been prevented if Turner Field had guardrails of at
least 42". Over roughly the last 20 years, Major League Baseball and stadium operators across
the country have seen fans suffer serious injuries or death as a result of falling over low railings.
For example, in 2009, a Cardinals fan plunged over a 30-inch rail, severely injuring
himself and a female patron in the section below. One year later, a Milwaukee Brewers fan died
after falling over a similar 30-inch rail.
In 2011, Shannon Stone, a Texas Rangers fan attending a baseball game with his six-year
old son plunged over a 33-inch rail to his death. This was at least the third fall over a guardrail
since the stadium opened in 1994. After Mr. Stones death, the Rangers raised the height of their
railings to 42 inches.
Had the rest of MLB uniformly increased railing heights after Mr. Stones death, Greg
would not have died. Another inexpensive safety precaution, protective netting, would also have
easily prevented Gregs death. Instead, the Braves continue to incorporate dangerously low
railings, placing its fans at grave risk of death or catastrophic injury.
MLB and the operators of Turner Field have a responsibility to reasonably address the
safety of their millions of loyal fans. Raising the height of rails to 42" and/or installing netting
can be done for a small fraction of the billions of dollars in revenues generated each year by
media, corporate sponsorships, and ticket sales.
However, apparently MLB and many of its teams (excluding the Texas Rangers) have
chosen instead to rely upon a century-old exception to the 42" high standard guardrail-height
requirement. The exception, which was designed for the seated patrons of 19th-century era opera
houses and theaters allows for heights as low as 26". Thus, the limited exception was created for

Page 3 of 34

a much different environment than that typically found at sports stadiums, where standing,
jumping, and dancing fans may foreseeably lose their balance and fall over a 30" rail.
The family of Greg Murrey brings this suit to address MLB and the Braves failure to
address a known life safety hazard at Turner Field and other baseball stadiums. It is the Murrey
familys hope that Greg Murrey will be the last fan to needlessly die or suffer catastrophic
injuries as the result of low railing heights at a sports stadium.
I. PARTIES, JURISDICTION AND VENUE
1.
Laura Hale Murrey was Greg Murreys wife.
2.
Ms. Murrey is Executrix of Greg Murreys estate.
3.
Jason Murrey is the son of Laura and Greg Murrey and an heir to Greg Murreys Estate.
4.
Elizabeth Murrey Davis is the daughter of Laura and Greg Murrey and an heir to Greg
Murreys Estate.
5.
Defendant Atlanta National League Baseball Club, Inc. (hereinafter Defendant or the
Braves) is a Georgia corporation.
6.
Jurisdiction and venue are proper as to the Braves.
7.
Defendant Atlanta Braves has been properly served with process in this action.

Page 4 of 34

8.
Defendant Liberty Media Corporation (hereinafter also referred to as Defendant or
Liberty Media) is a foreign corporation that transacts and does substantial business in Georgia.
9.
Jurisdiction and venue are proper as to Liberty Media.
10.
Defendant Liberty Media has been properly served with process in this action.
11.
Defendant Major League Baseball Enterprises, Inc. (hereinafter also referred to as
Defendant(s) or MLB) is a foreign corporation that transacts and does substantial business in
Georgia. Jurisdiction and venue are proper as to this Defendant.
12.
Defendant MLB has been properly served with process in this action.
III. CAUSE OF ACTION
COUNT I NEGLIGENCE
13.
Plaintiffs incorporate paragraphs 1-17 herein by reference.
14.
On August 29, 2015, during the Braves-Yankees baseball game, Mr. Murrey was
standing in the second row of the upper deck of Turner Field.

Page 5 of 34

15.
Greg lost his balance and fell forward, over a rail that was only 30 high. A computergenerated, to-scale depiction of Mr. Murreys fall over the 30-inch rail is shown below.

16.
Pursuant to Section 1013.3 and 1028.14.1 of the International Building Code, standard
railing shall not be less than 42 inches high in places where there is a drop of more than 2
feet.

Page 6 of 34

17.
Had the rail been 42 inches, Mr. Murrey would not have fallen over the rail.
18.
As depicted in the computer-generated, to-scale illustration below, a 42-inch rail would
have prevented Murreys death.

19.
Prior to August 29, 2015, the Braves knew that other stadium spectators had been
seriously injured or killed as a result of falling over railings.
Page 7 of 34

20.
Prior to August 29, 2015, MLB knew that stadium spectators had been seriously injured
or killed as a result of falling over railings.
MLB FALL-OVER-RAIL INCIDENTS
21.
Plaintiffs incorporate paragraphs 1-25 herein by reference.
Hollye Minter

22.
On the first day the Texas Rangers stadium (The Ballpark in Arlington) was opened in
1994, Hollye Minter fell backward over a 30-inch railing while posing for a picture.
23.
Hollye Minter fell approximately 35 onto an empty row of chairs.

Page 8 of 34

24.
Minter suffered two fractured vertebrae, two broken ribs, six broken teeth, and injuries to
her shoulder and leg. Her recovery took six months.
25.
Minters fall was foreseeable. As she explained, I had my hand on the rail and someone
got my attention. And I looked up, and your natural instinct when you look up is to go backwards
a little bit, and just that little bit, I went over.1
26.
Shortly after Minters fall, the Rangers raised the railings in the section where she fell to
46 inches.
27.
Minters fall was reported nationally by major news organizations, including ESPN.2
28.
Minter sued the Rangers and stadium designer HKS Inc. The suit was settled for an
undisclosed sum.
29.
MLB knew of Minters fall.
30.
Despite MLBs knowledge of Minters fall, MLB did not require its teams to raise rail
heights to 46 inches.

http://www.athleticbusiness.com/spectator-safety/one-on-one-baseball-fan-hollye-minterrecalls-fall-from-stands.html.
2

See http://espn.go.com/espn/otl/story/_/id/6899698/mlb-stadium-deaths-officials-raisingrailings-some-fans-disagree-changes.
Page 9 of 34

31.
The Braves knew of Minters fall.
32.
Despite the Braves knowledge of Minters fall, it chose not to raise railing heights at
Turner Field to 46.
33.
Despite the Rangers knowledge of the fall and a conclusion that raising the rails to 46
would be safer, the Rangers chose not to increase the height of all rails at their stadium.
Unidentified Cardinals Fan
34.
On April 21, 2009, a male fan attending the St. Louis Cardinals game at Busch Stadium
fell over a 30-inch rail on the front row of Casino Queen Party Porch section.
35.
The man fell 18 feet down and was substantially injured.
36.
This fall was reported nationally by the news media, including ESPN.3
37.
MLB knew of the above fall at Busch Stadium.
38.
Despite MLBs knowledge of the fall, MLB did not require its teams to raise railing
heights.

See http://espn.go.com/espn/otl/story/_/id/6899698/mlb-stadium-deaths-officials-raisingrailings-some-fans-disagree-changes.
Page 10 of 34

39.
The Braves knew of the above fall at Busch Stadium.
40.
Despite the Braves knowledge of this fall, it chose not to raise railing heights at Turner
Field.
41.
Despite its knowledge of the fall, the St. Louis Cardinals chose not to increase the height
of all rails at Busch Stadium.
Chris Hoffman

42.
On June 26, 2009, thirty-four-year old Chris Hoffman was attending a game at Busch
Stadium in St. Louis.4

http://legacy.ksdk.com/story/sports/mlb/cardinals/2015/08/31/mlb-ballpark-safetyPage 11 of 34

43.
It was the 10th straight day of 90-plus-degree temperatures in St. Louis.
44.
Hoffman began to stand for a choir that was to sing God Bless America.
45.
Dehydrated by the heat, Hoffman passed out and fell over a 30-inch rail on the 4th deck of
Busch Stadium.
46.
Hoffman fell 12 to the 3rd level of the stadium.
47.
Hoffman broke several bones, including some ribs, his collarbone, and nose.
48.
As a result of the fall, Hoffman was hospitalized and not able to return to work for almost
three months.
49.
The rail which Hoffman fell over was 30 high.
50.
Hoffman believes better safeguards could have prevented his fall.
51.
Hoffman believes guidelines in stadiums nationwide should be modified.
52.
Hoffman believes higher rails may have kept him from falling over.

regulations/71492340/.
Page 12 of 34

53.
Hoffman also believes there should be netting of some kind below the decks to catch
people if they fall.
54.
Hoffmans fall was reported nationally by major news organizations, including ESPN:

http://www.ajc.com/news/sports/fan-falls-from-busch-stadium-upper-deck/nQHRx/;

http://www.athleticbusiness.com/Stadium-Arena/should-building-codes-be-changed-tokeep-fans-from-falling-out-of-their-seats.html;

http://archive.ksdk.com/news/article/179073/3/Fan-who-fell-from-Busch-Stadium-upperdeck-returns-home;

http://legacy.ksdk.com/story/sports/mlb/cardinals/2015/08/31/mlb-ballpark-safetyregulations/71492340/; and

http://espn.go.com/espn/otl/story/_/id/6899698/mlb-stadium-deaths-officials-raisingrailings-some-fans-disagree-changes.
55.
Hoffman, a life-long Cardinals fan stated, When the guidelines that are in place are met

but yet there are still injuries happening, it may be time to re-look at that.
56.
MLB knew of Hoffmans fall at Busch Stadium.
57.
Despite MLBs knowledge of the fall, MLB did not require its teams to raise railing
heights.

Page 13 of 34

58.
The Braves knew of Hoffmans fall at Busch Stadium.
59.
Despite the Braves knowledge of this fall, it chose not to raise railing heights.
60.
Despite the knowledge of Hoffmans fall at Busch Stadium, the St. Louis Cardinals chose
not to increase the height of all rails at their stadium.
Stuart Springstube
61.
On April 25, 2010, Stuart Springstube suffered fatal injuries after he fell 15 over a
railing while trying to catch a ball during batting practice at a Milwaukee Brewers game at Miller
Park.
62.
Springstube suffered several broken ribs, a torn aorta, and a brain bleed.
63.
On May 12, 2010, Springstube suffered a brain hemorrhage as a result of the fall, went
into cardiac arrest, and died.
64.
The rail which Springstube fell over was 30 high.
65.
Representatives from the Brewers referred all questions about the incident to Mike
Duckett, executive director of the Southeast Wisconsin Professional Baseball Park District, the
public agency that owns and operates Miller Park.

Page 14 of 34

66.
Duckett refused to answer questions about the railings or Springstubes death, saying in
an email that he wasnt even sure when or where in Miller Park the incident occurred, and that
the district had no involvement in the matter.5
67.
Springstubes fall was reported nationally by major news organizations, including
ESPN.6
68.
MLB knew of Springstubes fall at Miller Park.
69.
Despite MLBs knowledge of Springstubes fall, MLB did not require its teams to raise
railing heights.
70.
The Braves knew of Springstubes fall at Miller Park.
71.
Despite the Braves knowledge of Springstubes fall at Miller Park, it chose not to raise
railing heights.
72.
Despite the knowledge of Springstubes fall at Miller Park, the Milwaukee Brewers chose
not to increase the height of all rails at their stadium.

See http://espn.go.com/espn/otl/story/_/id/6899698/mlb-stadium-deaths-officials-raisingrailings-some-fans-disagree-changes.

Id.
Page 15 of 34

Tyler Morris

73.
July 6, 2010, Tyler Morris fell over a 30 rail at a Texas Rangers baseball game.
74.
Morris suffered injuries which included a fractured skull, foot, and ankle.
75.
Texas Rangers President Nolan Ryan referred to what happened to Morris as an
unfortunate accident, and noted that [i]t was fortunate that his injuries werent more serious.7

See Firefighter who fell at Rangers game is joking with pals, Dallas Morning News, Jul. 8,
2010, available at http://www.dallasnews.com/news/communitynews/arlington/headlines/20100706-Firefighter-who-fell-at-Rangers-game-1382.ece.
Page 16 of 34

76.
After Morris fall, Ryan said he didnt believe Morris jumped to get the ball, but said he
probably extended himself, or reached for it, before falling over the second-deck railing.
77.
After Morris fall, Ryan said that the Rangers reviewed safety policies in the stadium.
78.
Its pretty hard to guard against something of that nature, Ryan said at a news
conference.
79.
According to Derek Dilday, an off-duty paramedic who was one of the first people to
come to Morris aid, Morris was lucky to be alive.
80.
In an interview with HLN, Dilday said that he rushed to the mans aid after witnessing
the entire incident and stated the fall could have easily killed the guy.
81.
I turned to my left to watch the foul ball, and I saw this guy reach over the railing. Then
I saw his feet go up, he tried to reach back for the railing, but he missed it. He hit the video-tron
[electronic message board], then fell the rest of the way like a rag doll, Dilday said.
82.
Morris fall was reported nationally by major news organizations, including CNN.8

See http://www.cnn.com/2010/SPORT/07/07/fan.falls/.
Page 17 of 34

83.
Despite the Rangers knowledge about prior falls, the Rangers decided not to make any
changes after Morris accident in 2010.
84.
MLB knew of Morris fall at the Rangers stadium.
85.
Despite MLBs knowledge of Morris fall at the Rangers stadium, MLB did not require
its teams to raise railing heights.
86.
The Braves knew of Morris fall at the Rangers stadium.
87.
Despite the Braves knowledge of Morris fall at the Rangers stadium, it chose not to
raise railing heights at Turner Field.
88.
An earlier fall victim, Hollye Minter, told ESPN that [w]hen Tyler Morris fell, I believe
I said they need to make some changes or somebodys going to die.9

http://espn.go.com/espn/otl/story/_/id/6899698/mlb-stadium-deaths-officials-raising-railingssome-fans-disagree-changes
Page 18 of 34

Shannon Stone

89.
On July 7, 2011, thirty-nine-year-old Shannon Stone fell to his death over a 33-inch rail
at Rangers Ballpark in Arlington, Texas.
90.
Stone fell 20 feet onto concrete.
91.
Stones six-year-old son, Cooper, witnessed the fall.
92.
Initially, officials noted that the railing over which Stone fell is seven inches higher than
required and complied with industry standards used by cities and countries worldwide.10

10

See Arlington officials say ballpark railing exceeds code, Star-Telegram, Jul. 7, 2011,
available at http://www.star-telegram.com/sports/article3828116.html.
Page 19 of 34

93.
However, Texas Rangers president Nolan Ryan later said Stones death caused them to
reconsider the heights of guardrails.
94.
By August 2011, the Rangers raised the height of all front row railings to 42.
95.
The approximate cost of raising the rails was $1.1 million.
96.
Ryan explained that, even if fans protest at first, he expected theyll adjust to the change
just as they had in Home Run Porch, the area where the railings were raised to 46 inches in 1994.
97.
Its pipe railing. I dont hear any complaints about it at all, Ryan said. So I think that
theyll just develop a comfort level with it.11
98.
After Stones death, officials with other Major League Baseball ballparks stated they
were reviewing their railings heights.
99.
Also, officials with Major League Baseball encouraged all clubs to review stadium
operations, including railings, after Stones fall at Rangers Ballpark.

11

http://espn.go.com/espn/otl/story/_/id/6899698/mlb-stadium-deaths-officials-raising-railingssome-fans-disagree-changes.
Page 20 of 34

100.
Yet no other baseball team indicated it would follow the Rangers lead and raise all
railings in front of seating sections to 42 inches.
101.
A 42-inch railing would reach the stomach of someone who is 5-foot-9, the average
height of an American male.
102.
If one stadium says, Yeah, theyre too low. We should raise them so it doesnt happen
again, then all of them should, said Cheri Springstube, the wife of Stuart Springstube. All of
them should look at it and review it. Obviously, its not safe.12
103.
Stones fall was reported nationally by major news organizations, including ESPN.13
104.
MLB knew of Stones fatal fall at the Rangers stadium.
105.
Despite this being at least the second death of a fan falling over a rail, MLB did not
mandate that its teams increase rail heights at their stadiums.
106.
The Braves knew of Shannon Stones fatal fall at the Rangers stadium.

12

See id.

13

See id.

Page 21 of 34

107.
Despite the Braves knowledge of Shannon Stones fatal fall at the Rangers stadium, it
chose not to raise railing heights at Turner Field.
OTHER INCIDENTS FALLS OVER RAILS AT STADIUMS
108.
Plaintiffs incorporate paragraphs 1-112 herein by reference.
109.
Prior to August 29, 2015, there have been other falls over rails at stadiums and arenas in
Georgia and in the rest of the country.
Isaac Grubb

Page 22 of 34

110.
On September 1, 2012, 20-year-old Isaac Grubb of Lenoir City, Tenn., was killed when
he fell over a 33-inch railing and plummeted 45 feet to the lower level of the Georgia Dome
during the Tennessee-North Carolina State game.
111.
Mr. Grubbs fall attracted national coverage from the media.14
Jose Rodrigo Espinosa
112.
A few weeks later on September 22, 2012, Jose Rodrigo Espinosa, fell over a railing near
Section 219 at Bobby Dodd Stadium in Atlanta, Georgia.
113.
A report noted, A witness later came forward stating that they saw Espinosa leaning up
against the railing and flip back over it, like he thought a wall was behind him.15
114.
This fall was also covered in local media.16
Georgia Tech Freshman

14

See http://www.cnn.com/2012/09/01/us/georgia-fan-dies/index.html;
http://espn.go.com/college-football/story/_/id/8324831/fan-dies-fall-georgia-dome-upper-decktennessee-north-carolina-state-game
15

http://www.ajc.com/news/news/local/football-fan-falls-25-feet-during-georgia-techgam/nSJGB/
16

See id.
Page 23 of 34

115.
One week later, a freshman at Georgia Tech fell 15 feet in the northwest bleacher section
at Grant Field.
116.
This fall was also covered in local media.17
117.
Lucas Tang

In November 2010, a two-year-old boy, Lucas Tang, fell over a rail to his death at Staples
Center.
Stewart Haverty
118.
On November 28, 2010 Stewart Haverty died after he fell over a rail during a
Philadelphia Eagles-Chicago Bears game at Soldier Field in Chicago.

17

http://patch.com/georgia/midtown/another-tech-fan-falls-over-bobby-dodd-railing.
Page 24 of 34

Floyd Stadium Fall

119.
On October 24, 2013 a woman fell about 20 feet from the stands at Floyd Stadium at a
game at Middle Tennessee State University.
120.
These tragic events were covered in national media articles:

https://www.washingtonpost.com/news/early-lead/wp/2015/08/30/fan-dies-in-fall-atturner-field-fall-raising-issue-of-safety-at-sports-events-again/;

http://www.cnn.com/2012/09/01/us/georgia-fan-dies/index.html;

http://espn.go.com/college-football/story/_/id/8324831/fan-dies-fall-georgia-dome-upperdeck-tennessee-north-carolina-state-game

http://www.cnn.com/2013/11/26/us/stadium-falls/index.html

http://www.nbcdfw.com/blogs/red-fever/21-Fans-Have-Died-in-Falls-at-BaseballStadiums-125247969.html

http://espn.go.com/chicago/nfl/news/story?id=5862280

http://www.cnn.com/2010/US/11/29/illinois.stadium.death/
Despite Fall after Fall, MLB Teams Pay Lip Service to Fan Safety
121.
On May 24, 2011, baseball fan Robert Seaman fell to his death at Coors Field. Following

his death, Colorado Rockies spokesman Jay Alves said that fans safety is the teams No. 1
priority and the stadiums railings are up to code.18

18

http://www.cbsnews.com/news/alcohol-drugs-factors-in-fatal-coors-field-fall/
Page 25 of 34

122.
However, the code that the Rockies meet is from the 1920s and was designed for
theaters, opera houses, and symphony halls rather than baseball.
123.
Robert Solomon, NFPA Building Fire Protection and Life Safety Division Manager, has
stated publicly that the 26-inch exception relied upon by some stadium operators was designed
mainly for theaters and symphony hallsnot ballparksto set railings where they wouldnt
impede someones view.19
124.
Meeting the minimum code requirements is not the same thing as taking reasonable fallprevention measures or making safety the top priority.
125.
If fan safety was the Number 1 priority, then MLB, the Braves, and the remainder of
teams would raise the rail heights to at least 42 inches, or the 46 inches that the Rangers moved
the rails to previously.
126.
Some may argue that raising the rails to 42 inches or 46 inches will destroy peoples
ability to see the game and eventually lead to a precipitous drop in attendance.

19

See http://espn.go.com/espn/otl/story/_/id/6899698/mlb-stadium-deaths-officials-raisingrailings-some-fans-disagree-changes.
Page 26 of 34

127.
However, after the Rangers increased the height of the rails in 2011, overall attendance
for 2012 and 2013 was higher than it was in 2011a year where the Rangers went to the World
Series.20
128.
In the wake of Stones death in Arlington, the Rangers raised the height of all railings in
their ballpark from 33 inches to 42 inches before the start of the next season, at a cost of $1.1
million.21
129.
The $1.1 million cost of safety in increased rail heights is minuscule compared to the
revenues MLB teams generate.
130.
In 2014, MLB generated approximately $9 billion in gross revenues.22
131.
In 2013, MLB generated approximately $8 billion.23
132.
MLB saw revenues double for new broadcast deals with their national network partners

20

See http://www.baseball-reference.com/teams/TEX/attend.shtml

21

See http://www.usatoday.com/story/sports/mlb/2015/08/30/mlb-fan-safety-protective-nettingturner-field-fan-dies/71433704/
22

See http://www.forbes.com/sites/maurybrown/2014/12/10/major-league-baseball-sees-record9-billion-in-revenues-for-2014/#7443256f6cb2.
23

See id.
Page 27 of 34

FOX, ESPN, and TBS that added an additional $788.3 million a year to the leagues coffers.
Additionally, local media-rights deals such as the Los Angeles Dodgers (between a $7 billion
and $8 billion total value) distributes approximately 30 percent as revenue sharing.
133.
The Rangers, Angels, Mariners, Padres, Phillies, and Astros also signed multi-billion
dollar deals.
134.
MLB Advanced Media pulls in hundreds of millions in streaming MLB games and also
earns revenue supplying backend streaming services to the likes of ESPN and CBS.
MLB Advanced Media, alone, could see revenues of over $1 billion annually.
135.
In 1995, MLB revenues were $1.4 billion, or over $2.14 billion when accounting for
inflation. Since that time, gross revenues for the league have grown a whopping 321 percent in
19 years.24
136.
Yet Atlanta Braves Chairman and CEO Terry McGuirk told the Atlanta Business
Chronicle, Baseball is not a widely profitable business.25
137.
For the first nine months of 2015, the Braves had an increase of $9 million in operating

24

See http://www.forbes.com/sites/maurybrown/2014/12/10/major-league-baseball-sees-record9-billion-in-revenues-for-2014/#7443256f6cb2
25

See http://www.bizjournals.com/atlanta/news/2015/11/13/atlanta-braves-chairman-ceo-terrymcguirk-talks.html?utm_source=dlvr.it&utm_medium=twitter
Page 28 of 34

profit.26
138.
Liberty Media said the increased profit is primarily the result of a decrease in operating
costs due to lower player salaries and game operating costs.
139.
Apparently, one area where costs were saved is in the choice not to increase railings
throughout the park.
140.
The Braves had revenues of $225 million for all of 2012, $261 million in 2013 and $251
million in 2014.
141.
Liberty Media purchased the Braves for $400 million in 2007.
142.
According to Forbes magazine, the Atlanta Braves have a Team Value as of March 2016
of $1.175 billion.27
143.
Thus, the Braves have nearly tripled in value with an increase in value 750 million dollars
in less than 10 years despite having one of the worst local TV deals of any MLB club.28
RESPONSE TO GREG MURREYS DEATH

26

See http://www.bizjournals.com/atlanta/news/2015/11/05/braves-more-profitable-in2015.html

27

See http://www.forbes.com/teams/atlanta-braves/

28

http://mlb.nbcsports.com/2015/11/16/braves-ceo-baseball-is-not-a-widely-profitable-business/.
Page 29 of 34

144.
Plaintiffs incorporate paragraphs 1-148 herein by reference.
145.
After Greg Murreys death, Braves President John Schuerholz said that safety is a top
concern for every major league team, including the Braves.
146.
With regard to the Braves new stadium under construction, Schuerholz stated that [w]e
made our plans (for the new ballpark) long before this event occurred.
147.
Schuerholz also stated, Every facility thats getting built, theres a great deal of
communication with architects, with engineers, and with the league, abiding by league standards
for the industry. So we certainly will do that.
148.
Schuerholzs comments were covered in local media.29
149.
The Braves and MLB chose to rely on a 1920s-era building code that allows rails to be
26 if the spectators are seated.
150.
The environment at stadiums for sporting events is very different than the environment at
theaters.
151.
The environment at baseball stadiums today is different than it was in the 1920s.

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152.
The Braves and MLB knew that spectators at baseball games get up during the course of
a game both spontaneously to react to events at the stadium and in response to prompting by an
announcer.
153.
Unlike climate-controlled indoor theaters, open stadiums like Turner Field subject fans to
high temperatures during summer months.
154.
Theaters generally provide seating for a few thousand patrons.
155.
Open stadiums like Turner Field provide seating for tens of thousands of people.
156.
There are generally many more people packed into steeper seating areas at major league
baseball stadiums than there are at indoor theaters.
157.
As a result of these issues, applying the bare minimum 26 building code for guardrails
does not provide sufficient protection for spectators at stadiums.
158.
This has been repeatedly borne out by history of serious injuries and deaths caused by
spectator falls over rails throughout the United States.
159.
As a direct and proximate cause of the acts and omissions of the Defendants, Greg

29

See http://www.ajc.com/news/news/breaking-news/alpharetta-man-60-falls-to-his-death-atPage 31 of 34

Murrey suffered catastrophic personal injuries and died.

160.
As a direct and proximate cause of the acts and omissions of the Defendants, Greg
Murrey incurred medical and related expenses, funeral and burial expenses and sustained pain
and suffering, for which Plaintiff Laura Hale Murrey as Executrix of the Estate of Gregory Kent
Murrey brings this action.
V. DAMAGES
161.
Plaintiffs incorporate paragraphs 1-167 herein by reference.
162.
Plaintiffs are entitled to recover from defendants for the wrongful death of Greg Murrey
an amount commensurate with the full value of the life of Greg Murrey in an amount to be
determined by the enlightened conscience of the jury.
163.
Laura Murrey asserts a loss of consortium claim for losses to the society, companionship
and consortium of her husband Mr. Murrey as a result of the personal injuries he sustained due to
defendants negligence.
164.
Because Defendants were aware from previous experience that their actions in the past
had resulted in similar injuries, but nevertheless continued their course of conduct, Defendants
have acted with willful misconduct, malice, fraud, oppression, wantonness and an entire want of
care raising the presumption of conscious indifference to the consequences.

braves-gam/nnTRD/
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Accordingly,

Plaintiff Plaintiff Laura Hale Murrey as Executrix of the Estate of Gregory Kent Murrey is
entitled to recover punitive damages, as determined by the enlightened conscience of the jury.
165.
As a result of Mr. Murreys injuries, Mrs. Murrey has suffered from losses to her
husbands society, companionship and consortium.
WHEREFORE, Plaintiffs pray as follows:
a)

That process issue and Defendants be served in accordance with law;

b)

That Plaintiffs be awarded a judgment, jointly and severally, against Defendants,

for the wrongful death of Mr. Murrey and special damages as pursued and proven
at trial, and for compensatory damages in an amount determined by the
enlightened conscience of a fair and impartial jury;

c)

That attorney fees and expenses of litigation be awarded pursuant to O.C.G.A.

13-6-11;

d)

That punitive damages be awarded;

e)

That Plaintiff has a trial by jury; and

f)

That Plaintiff be granted such other and further relief as this Court may deem just
and proper.

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This 19th day of April, 2016.

Respectfully submitted,

/s/ Michael L. Neff

MICHAEL L. NEFF
Georgia Bar No. 537180
D. DWAYNE ADAMS
Georgia Bar No. 140406
SHANE PEAGLER
Georgia Bar No. 252347
SUSAN M. CREMER
Georgia Bar No. 195602
THE LAW OFFICES OF MICHAEL
NEFF, P.C.
945 E. Paces Ferry Road NE, Suite
1770
Atlanta, Georgia 30326
Telephone: (404) 531-9700
Facsimile: (404) 531-9727

MICHAEL A. CAPLAN
Georgia Bar No. 601039
T. BRANDON WADDELL
Georgia Bar No. 252639
CAPLAN COBB LLP
75 Fourteenth Street, NE, Suite 2750
Atlanta, GA 30309
Tel: (404) 596-5600
Fax: (404) 596-5604
mcaplan@caplancobb.com
bwaddell@caplancobb.com

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