Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, February 24, 1993 TAG: 9302240046
SECTION: SPORTS PAGE: B4 EDITION: STATE
SOURCE: Associated Press
DATELINE: SEATTLE LENGTH: Medium
JURY SAYS `BOZ' ENTITLED TO $7 MILLION PAYOFF
Former Seattle Seahawks linebacker Brian Bosworth is entitled to collect $7 million from Lloyd's of London because of a shoulder injury that cut short his NFL career in 1989, a jury ruled Tuesday.Bosworth filed the U.S. District Court suit after Lloyd's refused to pay his claims under two policies totaling $5.1 million that were taken out by the Seahawks.
The seven-woman, five-man jury ruled Bosworth should get that money plus $1.9 million in interest. His lawyers had asked for 12 percent interest.
Lloyd's lawyers argued that Bosworth's three-year, 25-game career with the Seahawks was ended by arthritis, a condition they said was not covered under the policies.
The jury deliberated about 10 hours over three days after a 10-day trial before Judge William Dwyer.
After the verdict was read, Bosworth hugged weeping Katherine Nicastro, the mother of his 14-month-old daughter, Alexa Bosworth.
"It's not the monetary thing at all," Bosworth said. "To me, this was more of a case of principle. It's been very emotional."
Bosworth, 27, of Plano, Texas, said he felt the jurors didn't have any choice but to award him the money.
"I'm not sure if there was anything that swayed the jury," he said. "I thought it was a very simple case. This was the right thing."
His agent, Gary Wichard, said Bosworth rejected a settlement offered by Lloyd's before the trial got under way because Bosworth wanted all his money as a matter of principle. Wichard said he advised Bosworth against accepting the settlement.
"Whether it's $100,000 or $7 million, I believe, Brian believes, Katherine believes, you just fight, you just fight," Wichard said.
Henry Jameson, Bosworth's lawyer, said he thought it was an easy decision for the jurors.
"[Lloyd's] owed the money under the policy, and I ultimately thought at some point in the legal system that somebody would tell them that," Jameson said.
Bosworth's career ended on Sept. 17, 1989, in a game against the Phoenix Cardinals, when Bosworth was 23. Bosworth damaged his right shoulder while making a tackle.
He failed to pass the club's physical examination at the 1990 training camp and was released.
Jameson showed the jury a videotape of Bosworth's final game. Bosworth broke down and wept as he testified while watching the tape.
As a condition to signing with the Seahawks in 1987, Wichard required that the Seahawks take out insurance to cover a career-ending injury.
The jury also awarded the Seahawks $218,750 from Lloyd's in a separate claim. The money was for the loss of Bosworth's services for the final 14 games of the 1989 season. The Seahawks had a temporary total disability insurance policy on Bosworth with Lloyd's.
Bosworth was an All-American at Oklahoma and won the Butkus Award as the nation's top linebacker.
Keywords:
FOOTBALL
Memo: shorter version ran in the Metro edition.