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08-15-2012, 10:53 AM
  #218
Spicy Porkins
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If anyone's interested this is Murray's/Anaheim's version of what Paris has said. This is not their defense, it's their paraphrasing of her, between her complaint and her depo. (sorry for the formatting - cut and paste from a .pdf)

Quote:
Plaintiff filed the instant action alleging that she was injured while working in the press box at Joe Louis Arena on or about
May 14, 2009 as a result of being struck with a chair moved by Defendant Bob Murray. Plaintiff has alleged injury to her left
shoulder, neck, back, left arm, and left hip (Exhibit A, Deposition of Rachel Paris, p. 24-25, 30-32, 37-30). Plaintiff's Count
II is for Intentional Infliction of Emotional Distress and alleges Plaintiff has suffered “severe emotional distress, humiliation,
embarrassment, anxiety and mental anguish.” (R. 1, Plaintiff's Complaint, ¶ 19).
Plaintiff alleges that Defendant Murray hit her with a chair in the press box at the conclusion of a Detroit Red Wing playoff
game against the Anaheim Ducks (Exhibit A, p. 63). Attached as Exhibit B is a photograph of the press box at Joe Louis Arena.
The photograph depicts the area where Plaintiff was positioned at the time of the incident. Plaintiff testified she was positioned
along the back wall near where the trash bins are seen in Exhibit B (Exhibit A, p. 82). Plaintiff alleges she was hit twice with
the type of chair seen in Exhibit B (Exhibit A, p. 88).
On the night of the incident the press box was packed with people along the counter and she was positioned on the back wall
between two chairs that had her papers on them (Exhibit A, p. 83, 86). Plaintiff agreed that the distance between the counter
and the back wall in the press box is about four feet (Exhibit A, p. 85). Some people were sitting in the chairs along the counter
and others were standing up with the chairs pushed back (Exhibit A, p. 85). Plaintiff indicated that Mr. Murray was in the press
box during the game and was standing a lot during the game (Exhibit A, p. 81).
After the final horn sounded and the game was over, Plaintiff turned to her right and a chair came into her field of vision (Exhibit
A, p. 87). The chair came down and hit her legs in the shins and her chest (Exhibit A, p. 90). It was the back of the padded chair that made contact with her chest (Exhibit A, p. 90). Plaintiff was inches from the wall and went backwards into the wall and
then forward again (Exhibit A, p. 91-92). She then claims Defendant Murray picked the chair straight up by the seat portion
with the chair angled slightly toward her (Exhibit A, p. 95). Plaintiff contends Mr. Murray then extended his arms and the chair
struck her a second time (Exhibit A, p. 96). He then let go of the chair and it came down onto the floor (Exhibit A, p. 97). The
time between the first and second claimed contact with the chair is a matter of a second or so (Exhibit A, p. 98). Mr. Murray
then left the press box (Exhibit A, p. 98).
After the incident Plaintiff continued working and completed the post game show (Exhibit A, p. 100). She then went down to
speak with the police at Joe Louis Arena (Exhibit A, p. 101). About fifteen or twenty minutes after the incident, Mr. Murray
came up to Plaintiff and apologized indicating it was an accident (Exhibit A, p. 105). Plaintiff refused to accept that it was an
accident (Exhibit A, p. 105). Mr. Murray again approached Plaintiff later while still at the arena and apologized saying he was
sorry and it was an accident (Exhibit A, p. 116).

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