The parents of the Utah Little Leaguer critically injured when he fell from an upper bunk during the world series want a patch of a rug believed stained by their son’s blood.
Jace and Nancy Oliverson on Monday asked a Philadelphian common pleas judge to compel Little League to provide that patch saying it is needed to preserve evidence in their suit on behalf of their son Easton.
Little League has admitted in a court document that the carpet in the dorm room was cleaned but would neither admit nor deny the blood was Easton’s.
It appears there is significant spoliation of evidence issue, the Oliversons say, citing their counsel’s Aug. 29 request for Little League to preserve the site as it was Aug. 15 when Easton fell.
The stain became known to the family on Oct. 27 when Little League permitted a representative to inspect the room in which the fall occurred, a court document states.
The players and coaches of the Utah team stayed in a new residence facility in the world series complex in South Williamsport.
Little League was not cooperative in scheduling an inspection date and did so only after a motion to compel was filed, court filings state.
A recent photo of Easton Oliverson, who is recovering at his home in Utah.
The Oliversons on behalf of their son have sued Little League and John Savoy and Son Inc., which does business as Savoy Contract Furniture, of Montoursville.
Little League is accused of failing to equip the upper bunks with rails to protect its occupants from falling and Savoy of selling “dangerous and defective” bunk beds that “caused significant and permanent injuries” Easton.
The day after Easton fell, Little League moved the bunk bed frames to the floors in all of the dorm rooms.
Adam Savoy, the firm’s vice president, previously said the company’s standard operating procedure when quoting single beds that have bunking capability includes this alert: “For Safety and Fall Prevention, Savoy Strongly Recommends the Use of Guard Rails and Ladders when Beds are Bunked or Lofted.”
Currently pending are motions by both defendants to have the suit either dismissed or transferred to Lycoming County court.
An amended complaint filed Oct. 4 added Jace Oliverson as an individual plaintiff claiming he “suffered immediate, direct, severe and lasting emotional distress…”
He was a coach on the team that earned a berth in the series by winning the Mountain Region title.
He was staying in the same facility as his son and although he did not witness the early morning fall, he said he saw him bleeding and in pain.
Easton Oliverson, 12, recovering at Geisinger Janet Weis Children's Hospital in Danville, Pa., on Aug. 22, 2022.
Easton, a member of the Snow Canyon all-stars from Santa Clara, Utah, has undergone multiple surgeries for injuries that included a fractured skull.
He is continuing what a relative said is a “slow recovery” at home in Utah.
A case management order issued this week sets a tentative trial date for the case for December 2024.
It also lists various deadlines and directs the Oliversons prior to trial to submit an itemization of injuries or damages.
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The Link LonkDecember 22, 2022 at 05:20AM
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Blood-stained rug becomes issue in suit over Little Leaguer’s fall from bunk bed - PennLive
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