Former MLB first baseman and outfielder Darin Ruf, who played nine big-league seasons between 2012 and 2023, sued the Cincinnati Reds on Thursday, claiming the team is negligent under Ohio law for his bloody collision with a tarp roller two years ago at Great American Ball Park.
Ruf was playing first base for the Milwaukee Brewers against the Reds on June 2, 2023, when in the bottom of the third inning, he collided with a tarp roller while chasing a ball into foul territory and left the game injured. Ruf, now 38, hasn’t played in any games since.
In a complaint filed by attorneys Tad Thomas and Christopher W. Goode in the Hamilton County (Ohio) Court of Common Pleas, Ruf contends the tarp roller was a dangerous and hidden condition that imperiled players’ safety.
The tarp roller, Ruf points out, was made of sharp metal and lacked any protective cushioning or cap. Ruf says the end of the roller wasn’t visible because it was “obscured from view by an advertisement cover for Gorilla Glue.” Ruf blames the Reds grounds crew for failing to maintain safe conditions and allowing “a state of disrepair.”
Players suing over injuries caused or worsened by field conditions are rare but not unprecedented.
In 2018, a St. Louis jury awarded Reggie Bush $12.5 million in damages for an ACL tear he sustained after slipping on an uncovered concrete surface in the Edward Jones Dome during a game in 2015. The surface bordered the playing field, and Bush was running at full speed and couldn’t stop. The jury concluded the condition was unsafe and that Bush’s injury was caused by the negligence of the Los Angeles Rams, who were the St. Louis Rams when Bush was hurt.
The Reds did not respond to a request for comment, but their attorneys will answer Ruf’s complaint in the weeks ahead. Expect the team to offer several defenses.
One likely defense is preemption, which is a major reason why pro athletes in leagues with collective bargaining agreements typically don’t sue over injuries. Section 301 of the Labor Management Relations Act (LMRA)—a federal law that regulates the relationship between unionized workers and management—contains language that preempts state law claims when those claims are based on rights contained in a CBA.
MLB’s CBA with the MLBPA features language regarding player injuries. Article XIII is particularly relevant. It governs safety and health and details a joint MLB-MLBPA advisory committee charged with addressing “emergency safety and health problems as they arise.” The committee also “attempts to find solutions” that ensure “safe and healthful working conditions for players.” The Reds will likely argue the duty to maintain safe field conditions is a collectively bargained term and thus LMRA preempted.
That type of legal argument doesn’t always work. In 2018, a federal judge in Illinois rejected it when raised by the Chicago White Sox and other parties were sued by former New York Yankees outfielder Dustin Fowler.
In 2017, Fowler made his MLB debut in a game at Guaranteed Rate Field (now called Rate Field) in Chicago. In the first inning he chased down a line drive and ran full speed into an unpadded metal electrical box positioned between a railing and a half wall. The collision caused the patella tendon in Fowler’s knee to rupture. He sued and a judge rejected the preemption defense on grounds that the CBA didn’t diminish the White Sox’s duty of care, including when the subject of state law claims. According to court records, the parties reached a settlement in 2022.
Fowler recovered from the injury and was notably involved in a blockbuster 2017 midseason trade that sent him to the Oakland A’s as part of the deal that netted the Yankees pitcher Sonny Gray. But the outfielder, once the No. 88 prospect in baseball according to Baseball America, never managed to deliver upon his promise in an MLB career that petered out in 2021.
The Reds could also argue that even if Ruf’s claims aren’t preempted, the field conditions were sufficiently safe. The Reds would strengthen that defense if they could show the tarp roller was placed in a manner consistent with industry standards in MLB. In other words, the more ordinary the condition of the roller, the better for the Reds. But if tarp rollers are supposed to have cushioning or caps when used on MLB fields, that could be a problem for the Reds. Expert testimony by former groundskeepers and others with relevant expertise could prove influential.
Assumption of risk is also a relevant legal concept. Athletes assume all sorts of health risks by playing a sport. MLB teams place tarps and players, especially ones with as much experience as Ruf, arguably should be aware of tarp-related hazards. Ruf’s complaint anticipates this defense by depicting the tarp roller as hidden and unexpected.
The Reds also don’t own Great American Ball Park. It is a public facility of Hamilton County, Ohio. Public entities have an added legal defense known as sovereign immunity, which generally permits the government to be sued only when it agrees to be sued. However, there are a bevy of exceptions to sovereign immunity, and sometimes they involve personal injury claims. Also, even if the Reds don’t own the field, they operate it for Reds games.
Ruf v. Reds could settle at any time, but if it advances past a motion to dismiss, the parties will need to provide testimony and share evidence related to the incident. The extent to which the tarp roller was unusually dangerous and the extent to which a veteran like Ruf should have been on the lookout would be key topics in pretrial discovery.
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