Former Buccaneers kicker Lawrence Tynes has prevailed for the second time around against the Bucs in a court ruling. A Hillsborough County judge on Monday denied a request from Tampa Bay to dismiss a $20 million lawsuit brought against them by Tynes.
According to Sporting News, the former Bucs kicker claimed that his career was terminated after contracting a MRSA infection at the Bucs' facility. This is because the Buccaneers did not maintain proper cleanliness procedures for its team.
The Buccaneers claimed in their motion that Tynes' allegations are covered under the NFL's collective bargaining agreement. The ex-kicker's complaints are also "barred by the Florida law, which provides that workers' compensation benefits are exclusive remedy for the injuries alleged, which were incurred, if at all, during the course and scope of Tynes' employment" under the team.
Hillsborough County Circuit Court Judge Mark Wolfe, on Monday, decided a ruling that Tynes' complains "are not within the scope of CBA and the NFL Player Contract. But it also points out to general common law duties professionals and owners or lessees of commercial premises owe to invitees, third parties and the public," as reported by the Tampa Tribune.
But, Tynes isn't the only one diagnosed with MRSA. In fact, Bucs' guard Carl Nicks was also diagnosed with the same illness during the 2013 pre-season. Because of the MRSA, he has not played since then and has parted ways with the team. Cornerback Johnthan Banks was also diagnosed with MRSA during the season but did not miss the season, as claimed by ESPN.
A judge also denied the team's request to have the case heard in federal court in September. The court said that the Bucs believed that the suit was "inextricably intertwined" with the CBA. The judge decided that the court case should be heard in a state court. This is because it pertains to how the Buccaneers maintained One Buc Place and cleanliness of the team's practice facility that is not covered under the CBA.
Meanwhile, the court's ruling on Monday is considered as the second court loss for the Bucs in the case. Tynes also never kicked for the team after contracting the MRSA infection at the start of the training camp of the Buccaneers.
