Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Upshaw v. National Basketball Association

United States District Court, W.D. Michigan, Southern Division

April 30, 2019

JEWEL UPSHAW, JEWEL UPSHAW, AS THE PERSONAL REPRESENTATIVE FOR THE ESTATE OF ZENA RAY UPSHAW a.k.a. ZENA R. UPSHAW, ZENA UPSHAW AND ZENA “ZEKE” UPSHAW, DECEASED, Plaintiffs,
v.
NATIONAL BASKETBALL ASSOCIATION, DETROIT PISTONS BASKETBALL COMPANY, SSJ GROUP LLC, THE DELTAPLEX ARENA, Defendants.

          ORDER TRANSFERRING CASE

          TERRENCE G. BERG UNITED STATES DISTRICT JUDGE.

         I. Background

         Zena “Zeke” Upshaw (“Mr. Upshaw”) was a professional basketball player in the “G-League, ” the official minor league of the NBA, for the Grand Rapids Drive. On March 24, 2018, during the final minutes of the team's last regular season game, in which the Drive defeated the Long Island Nets to earn a play-off spot, Upshaw collapsed at the DeltaPlex Arena in Grand Rapids and was taken off the court. Mr. Upshaw died two days later. On October 22, 2018, Mr. Upshaw's mother, Plaintiff Jewel Upshaw, individually and as personal representative for the Estate of Mr. Upshaw, filed a ten-count Complaint in the United States District Court for the Eastern District of Michigan. Defendants are the National Basketball Association (“NBA”), Detroit Pistons Basketball Company (“Pistons”), SSJ Group, LLC (“SSJ”)[1], and DeltaPlex Arena (“DeltaPlex”). Plaintiff alleges that Defendants failed to administer adequate emergency medical treatment when Mr. Upshaw collapsed on the court, ultimately resulting in his death. Plaintiff also claims that Defendants should not have allowed Mr. Upshaw to play basketball, knowing that his medical condition made it dangerous, and should have disclosed Mr. Upshaw's concerning medical information to him. Plaintiff states the following causes of action in her Complaint:

1. Negligence and gross negligence against Defendants Pistons and SSJ;
2. Negligence and gross negligence against Defendant DeltaPlex;
3. Negligence and gross negligence against Defendant NBA;
4. Negligent misrepresentation by omission against Defendants NBA, Pistons, and SSJ;
5. Fraudulent concealment against Defendants NBA, Pistons, and SSJ;
6. Fraud by omission/failure to warn against Defendants NBA, Pistons, and SSJ;
7. Intentional misrepresentation against Defendants NBA, Pistons, and SSJ;
8. Wrongful death and exemplary damages against all defendants;
9. Intentional infliction of emotional distress-bystander recovery against all defendants; and
10. Negligent infliction of emotional distress-bystander recovery against all defendants.

         Defendants jointly move to transfer this case to the United States District Court for the Western District of Michigan in Grand Rapids, where the incident occurred. ECF Nos. 14, 29, 36, 37. Plaintiff opposes transfer. Having considered the relevant factors, the Court concludes that ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.