Major League Baseball

Phillie Phanatic being sued ... again

Published Jun. 30, 2010 1:00 a.m. ET

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Everybody loves those wacky team mascots, right?

Not always.

And it's not the first time.

According to the Philadelphia Daily News, Grace Crass, 75, of Wernersville, Pa., is seeking more than $50,000 in damages from several defendants including Tom Burgoyne, who plays the Phanatic; the Philadelphia Phillies and a minor-league affiliate, the Reading Phillies.

Crass' attorney, John Speicher, told the Daily News that people have told him the case "is like suing Santa Claus.

"I'm expecting him to come to a deposition, stick his stomach and his tongue out at me and not say anything," Speicher said.

Crass claims the Phanatic injured her knees when he climbed through the stands and onto her legs at a 2008 Reading Phillies game.

Speicher told the Daily News that Crass suffered such pain from her arthritis that "she started yelling at him."

"In fairly short order she needed a lot of medical treatment," Speicher said. "Ultimately, she needed to get knee replacements."

Through Philadelphia Phillies spokeswoman Bonnie Clark, the team and Burgoyne declined to comment to the Daily News on pending litigation.

The Phanatic is no stranger to lawsuits. The Daily News cited a 2002 law-review study by Bob Jarvis, professor of sports law at Nova Southeastern University in Fort Lauderdale, Fla., that claimed the Phanatic holds the "dubious record as the most-sued mascot in the majors."

Phillies spokeswoman Clark said the Phanatic has been sued only twice in the last decade. The daily News said its records show that the Phanatic was sued at least three times in the decade before that.

Why so many suits? Jarvis told the Daily News that factors could include longevity (the Phanatic, originally portrayed by someone else, has represented the Philies since 1978), a bulky, hard-to-control body and "a litigious society."

Speicher told the newspaper that the Phanatic is more "engaging and interactive" than the regular Reading Phillies mascot.

"Their mascot is Screwball, and it's like he's on Valium," Speicher said.
 

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