The Powell Law Firm Files Lawsuit Against Silver Spurs Alumni Association, John Baker and Betty Baker on Behalf of Nicholas Wagner for Negligence and Serious Personal Injuries From Incident with UT Longhorn Mascot BevoLawsuit includes allegations that Defendants intentionally exposed Bevo to the University of Georgia Mascot UGA the bulldog knowing it would spook Bevo.
On October 16, 2020, The Powell Law Firm filed a lawsuit in the 200th Judicial District court of Travis County Texas on behalf of Nicholas Wagner against Silver Spurs Alumni Association, John Baker and Betty Baker for negligence, gross negligence, negligent training and supervision, and negligent entrustment. The Petition in the lawsuit alleges, among other things, that the defendants' intentionally exposed Bevo to the University of Georgia Mascot UGA the bulldog knowing it would spook Bevo leading to Mr. Wagner suffering serious personal injuries.
Plaintiff, Nicolas Wagner attended the January 1, 2019 Sugar Bowl football game in New Orleans, Louisiana as a photojournalist for the Austin Statesmen Newspaper and was on the football field taking pictures of the University of Georgia mascot bulldog when he was attacked by Bevo. Prior to the incident, the Silver Spurs Alumni Association handlers untied Bevo's lead ropes and began to provoke him in attempt to get Bevo riled up and to turn around towards the UGA mascot. Plaintiff was taking pictures when Bevo charged through the railing towards the UGA mascot injuring Mr. Wagner in the process. Mr. Wagner experienced and continues to suffer from detrimental injuries that include, but are not limited to, excruciating neck and back pain which permanently impair Wagner's abilities. This incident is a result of gross negligence on behalf of all defendants and caretakers. Defendants John and Betty Baker negligently trained and supervised their employees and agents, and knew defendants were uncapable to handle Bevo XV.
The lawsuit has garnered a great amount of media attention. USA today noted that most Texas players believed that Bevo's pregame charge set the tone for the Longhorns' 28-21 win over the sixth-ranked Bulldogs. Unfortunately for Mr. Wagner, Bevo's pregame charge also caused permanent injuries to his neck and back. The lawsuit has been covered by ESPN, Bleacher Report, Washington Post, Associated Press, CBS Austin, Fox 7 Austin, Austin American Statesman, KENS 5 San Antonio and many other media outlets.
Attorney Jon Powell, Lead Counsel for the Plaintiff, told the Austin American Statesman, "There's no doubt that you don't want to have BEVO run into your back. He was just trying to do his job as a photographer, and it's up to the handlers to make sure he doesn't get out of control. Luckily, he didn't get mauled or anything like that, but he did suffer a tough injury. No one willingly wants to get rammed by a 2500 lbs. steer longhorn, it really is an unfortunate matter but one we'll come to the best possible conclusion for our client."
The Silver Spurs Alumni Association carries a liability insurance policy with Cincinnati Insurance, but Mr. Wagner's claims for medical bills have been met with "radio silence," Powell said.
The Powell Law Firm is seeking monetary damages for the past and future damages suffered by Mr. Wagner. In addition to monetary relief, Attorney Mickey Johnson, Co-counsel for the Plaintiff explained, "Lawsuits are a tool that can accomplish a lot of good things. In the Bevo case, we are hopeful that we can make the game day experience safer for players, fans and members of the media. It is not uncommon to seek a change in a defendant's policies when something like this happens. I think this case is a prime example of a needed change to increase the safety procedures regarding how Bevo and other live animal mascots are handled during games."
If you of someone you know has been injured because of the wrongdoing of someone else, contact the Powell Law Firm today for a free consultation. Established in 2002, The Powell Law Firm specializes in personal injury cases. The Powell Law Firm, Big Enough to Fight; Small Enough to Care. Photographer Sues Handlers Texas Longhorns Mascot Pre Sugar Bowl ChargeTexas Mascot Bevo XVS Handlers Sued Sugar Bowl Pregame IncidentPhotographer Sues Over Texas Mascots Pre Sugar Bowl Charge