A Cathedral City man who says he tripped over a chunk of uplifted asphalt at Dodger Stadium in 2022 and later needed neck surgery is now asking a judge to either give him a new trial or hand over an additional $250,000, arguing the jury that awarded him $495,740 last month shortchanged him on pain-and-suffering damages.
Jamie Merchain, 54, filed the request with Judge Karine Mkrtchyan, according to court papers reported by MyNewsLA.com. The jury’s Oct. 26 verdict awarded him $495,740 in total damages, including $250,000 for future emotional distress, but nothing for past pain and suffering — a gap his attorneys say makes no sense given that his injury required surgery.
What Happened at the Stadium
According to the attorneys’ pleadings, Merchain was walking from the parking lot toward the center field gate at Dodger Stadium on April 20, 2022, when he tripped over uplifted asphalt. His attorneys said the uplift may have been caused by a tree root, though that explanation comes solely from the plaintiff’s side and has not been independently established.
Per the plaintiff’s lawyers, Merchain experienced severe shoulder and neck pain when he tried to stand back up and went back down. Stadium security staff called for medical help, and he was taken to first aid at Dodger Stadium before driving home to Riverside County still in pain, his attorneys said.
A Painful Recovery and Eventual Surgery
The following week, Merchain went to a hospital emergency room, according to his attorneys. After he was released, he was reportedly home-bound for the first week, unable to raise his left arm and beginning to suffer headaches. Court papers described his recovery as painful, saying he could barely move or eat for a week.
His left shoulder was later treated with injections, and about a year after the fall, he underwent a two-level cervical disc replacement, per his attorneys. They say he still has intermittent neck pain and headaches, along with a shock in his neck when he turns quickly, and that he no longer hikes, swims, or fishes with his grandson the way he used to.
Dodgers Deny Fault, Blame Merchain
The Dodgers’ attorneys denied Merchain’s allegations entirely and argued that his own conduct caused or contributed to both the incident and his injuries, according to the same court filings. That dispute over fault was presumably at the heart of the jury’s decision to award damages for future emotional distress but nothing for past pain and suffering — a split verdict Merchain’s attorneys now call legally inadequate.
Merchain’s case is one of a number of stadium-related lawsuits the Dodgers have faced in recent years. A press release from attorney Francisco Rodriguez’s law firm, cited by True Blue LA, said at least 17 active lawsuits against the team were proceeding in Los Angeles County Superior Court as of late 2023. In Rodriguez’s own case, a jury awarded him just $6,870 in medical expenses and $25,000 in future noneconomic loss while finding him 75 percent responsible for his injuries.
Another Dodger Stadium case produced a larger payout: the Associated Press reported that a fan was awarded $475,000 after a clash with stadium guards. Under California civil procedure, a court may vacate a verdict or grant a new trial on some or all issues when an aggrieved party shows the outcome materially affected their substantial rights, according to California Code of Civil Procedure Section 657. The excerpt of that statute does not specify how it applies to Merchain’s particular request, and it remains before Judge Mkrtchyan.
