CINCINNATI, OH (FOX19) - A 20-plus year Bengals season ticket holder is suing after having to undergo shoulder reconstructive surgery from slipping and falling in a substance used to clean up vomit.
Scott Poston named the Cincinnati Bengals, Aramark Business Facilities, LLC, and Hamilton County in the federal lawsuit.
The lawsuit states Poston attended the Cincinnati Bengals’ home football game against the Steelers on Oct. 14, 2018 and slipped on the concourse outside of Section 149 while attempting to enter the bathroom during the second half.
Prior to the fall, a fan vomited inside a stall, and stadium personnel attempted to clean it up using an absorbent called “D-Vour," according to the suit.
The lawsuit says the cleaner should be applied in small amounts and quickly cleaned up, but stadium staff “dumped a huge amount of the substance on the bathroom floor then failed to clean it up for an extended period of time.”
When Poston slipped on the substance he fell backwards and injured his right shoulder.
According to the lawsuit, he was taken to a medical area where Cincinnati Bengals staff said he suffered minor injuries and placed him in a sling.
But, in the lawsuit, Poston said he was unable to sleep and went to his primary care physician who referred him to a specialist to get an MRI. The MRI revealed he suffered serious injuries, including tears to three rotator cuff muscles, a dislocated bicep and strains of two other muscles.
It says in November, he was required to undergo total reconstructive surgery and still requires rehab.
Poston was self employed for more than twenty years, but as a result of the injury, his business has been shut down, the lawsuit states.
He is demanding judgement for compensatory and punitive damages to be determined at trial.
FOX19 NOW has reached out to the Bengals for comment, but have yet to hear back.