The american way....the law suit

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TheeBadOne

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http://www.duluthsuperior.com/mld/duluthtribune/4915533.htm

Former Vikings player sues over defective dock



A legendary former Minnesota Vikings professional football player known for his durability is scheduled to be in a Duluth courtroom next week seeking monetary damages for injuries he received when a portion of a lake dock collapsed beneath him.

James L. "Jim" Marshall, 65, brought a personal injury lawsuit against John and Susan Streitz, 2431 E. First St., of Duluth, owners of a home and lakefront property on Madeline Island that Marshall rented through a management company.

According to the lawsuit filed in 1999:

Marshall said he walked from the rental home to the end of the dock to admire the view May 26, 1996. A board collapsed, dumping him into the water and "causing severe injuries to his left shoulder and right knee, along with other injuries."

Marshall is listed on his driver's license as being 6 feet, 4 inches tall and weighing 280 pounds. He claims that as a result of his injuries he underwent substantial pain, suffering and disability, including disability from work, resulting in diminished earning capacity, and that he suffered severe emotional distress.

In a court document filed two weeks ago, attorneys for the Streitzes claim that the defendants exercised reasonable care with respect to the safety of the dock and that Marshall failed to use reasonable care for his own safety. The Streitzes' attorneys said they would further show that Marshall's injuries pre-dated the fall.

The defendants said that, if Marshall can show that the dock was not reasonably safe, the Inn on Madeline Island rented out the vacation property and was under contract to inspect and repair the dock.

According to court documents, Marshall settled his initial complaint with the Inn on Madeline Island for an undisclosed amount of money.

Marshall's personal injury lawsuit against the Streitzes is scheduled to be heard by a St. Louis County jury starting Tuesday.

When Marshall retired from the Vikings in 1979, he held the National Football League record for consecutive games played and started, 282, during 20 seasons. The record still stands. He was a defensive end and a member of the team's famed Purple People Eaters.

Fans may remember Marshall as the player who ran 66 yards the wrong way for a safety in a 1964 game in San Francisco.

He also was known for defying death. He shot himself in the stomach in 1964 while cleaning a pistol. In 1971, he drove his snowmobile over a cliff in the Grand Teton mountains of Wyoming. He spent the night in snow 10 to 15 feet deep and said he burned $1 and $20 bills and candy wrappers to get a fire started in boughs from trees. The rescue party arrived the afternoon of the following day.

In 1974, he twice left a hospital bed, suffering from pneumonia, to keep his consecutive games streak alive.

When reached at his Minneapolis home Thursday, Marshall declined to comment on his lawsuit. "I really think it's something that needs to be worked out in the court system," he said.

Asked if the injuries from the dock fall would have kept him from playing football and keeping his consecutive games streak going, Marshall laughed and thought a long time before speaking.

"I don't know how to answer that," he said. "I think that would be pure speculation."

Sarah Morris and Ted Sullivan, the Minneapolis attorneys representing the Streitzes, didn't return recorded phone messages left in their offices Wednesday and Thursday. John and Susan Streitz couldn't be reached for comment.

Marshall's No. 70 jersey was retired by the Vikings in 1999. He started at defensive end in all four of the team's Super Bowl appearances.

The last time Marshall made news in Duluth had nothing to do with sports heroics.

In 1991, Duluth police received a tip that Marshall was coming to town to deliver cocaine. A search warrant was obtained, and Marshall was pulled over in his red Cadillac on Grand Avenue near Morgan Park. Two ounces of cocaine were found in his possession.

Marshall pleaded guilty to cocaine possession and received probation, 90 days on electronic monitoring and was ordered to do 3,000 hours of community service.

At the sentencing, Marshall apologized to his family and friends and added: "I made a mistake. It's something I'll have to live with for the rest of my life."

Marshall and former Vikings' teammate Oscar Reed founded "Life's Missing Link," a nonprofit that provides counseling and other services for troubled youth who have had problems in their schools and with the law in Hennepin County.

Marshall said Thursday that he continues to work with youth but has had to curtail some of his work because of health problems. He was diagnosed with cancer in 2000.
 
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