NAIMOLI v. PRO-FOOTBALL, INC.

No. 23-2020.

120 F.4th 380 (2024)

Michael A. NAIMOLI, Jr.; Morgan French; Andrew Collins; Marissa Santarlasci, Plaintiffs-Appellees, v. PRO-FOOTBALL, INC., now known as Pro-Football LLC, a/k/a Washington Commanders Football Team, f/k/a Washington Football Team, f/k/a Washington Redskins Football Team; WFI Stadium, Inc., now known as WFI Stadium LLC, f/k/a JKC Stadium, Inc.; Contemporary Services Corporation, (CSC), Defendants-Appellants, and Company Does, Maintenance Subcontractors at FedEx Field, Defendant. Atlantic Legal Foundation, Amicus Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: October 29, 2024.


Attorney(s) appearing for the Case

ARGUED: Shay Dvoretzky, SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP, Washington, D.C., for Appellants. Robert D. Sokolove, WEIR GREENBLATT PIERCE LLP, Philadelphia, Pennsylvania, for Appellees. ON BRIEF: Joe G. Hollingsworth, Grant W. Hollingsworth, Brett S. Covington, HOLLINGSWORTH LLP, Washington, D.C.; Paul Finamore, Halle P. Gray, PESSIN KATZ LAW, P.A., Columbia, Maryland, for Appellants Pro-Football, Inc. and WFI Stadium Inc. M. Patrick Gallagher, MARTELL, DONNELLY, GRIMALDI & GALLAGHER, P.A., Hunt Valley, Maryland, for Appellant Contemporary Services Corporation. Jennifer Hiller Nimeroff, WEIR GREENBLATT PIERCE LLP, Philadelphia, Pennsylvania, for Appellees. Lawrence S. Ebner, ATLANTIC LEGAL FOUNDATION, Washington, D.C., for Amicus Curiae.

Vacated, reversed in part, and remanded in part by published opinion. Judge Niemeyer wrote the opinion, in which Judge Gregory and Judge Heytens joined.


While attending a professional football game between the Philadelphia Eagles and the Washington Football Team at FedExField in the Maryland suburbs of Washington, D.C., the four plaintiffs were injured when a railing collapsed. They commenced this action for negligence against the owner of the football team, the owner of...

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