Season ticket holder sues Bengals over vomit cleanup fall

A man who says he needed reconstructive shoulder surgery after a fall last year at Paul Brown Stadium has filed a lawsuit, alleging a substance used to clean up vomit caused him to fall.

The lawsuit, filed in federal court in Cincinnati, names the Bengals, Hamilton County and Aramark Business Facililties, the company that provides janitorial services at the stadium.

Scott Poston, of Fort Thomas, attended the Oct. 14, 2018 game against the Pittsburgh Steelers with his son. He says he's been a season ticket holder for more than 20 years.

Poston said he slipped when he was walking into the bathroom in Section 149.

According to the lawsuit, here’s what caused him to fall:

Someone vomited inside a stall, and stadium personnel tried to clean it up using a substance, called “D-Vour.”

But, the lawsuit says, stadium personnel didn’t follow the instructions – which calls for a small amount to be used and then cleaned up within about a minute. The product, according to the website for the company that makes it, “changes smelly liquids into an odorless semi-solid mass for fast, easy clean-up.”

The Week 6 NFL game between the Cincinnati Bengals and the Pittsburgh Steelers, Sunday, Oct. 14, 2018, at Paul Brown Stadium in Cincinnati.  (Photo11: Albert Cesare)

The lawsuit says stadium personnel “dumped a huge amount of the substance on the bathroom floor” and then didn’t clean it up. It was cold and rainy that day, the lawsuit says, and fans tracked the substance from the bathroom to the concourse.

Poston slipped on the substance, the lawsuit says, fell backwards and injured his right shoulder. Several other people slipped in the same area, the lawsuit says.

Poston was taken to a medical area, told that he suffered “a minor soft tissue injury” and was given a makeshift sling, according to the lawsuit.

After a night of not being able to sleep, Poston contacted his doctor who referred him to a specialist. An MRI revealed tears to three rotator cuff muscles, a dislocated bicep and strains of two other muscles, the lawsuit says.

It says Poston underwent total reconstructive surgery on his right shoulder. He is still in rehabilitation.

According to the lawsuit, the Bengals say the county is responsible for compensating Poston for his injuries.

The Bengals did not respond to emails seeking comment. A spokesperson for Aramark also did not respond to an email. A spokesperson for the county could not immediately be reached for comment.

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