Harry A. Sieben, Jr. Press

Ex-Viking Baker sued for poking Eagle in eyes

Published: January 19, 1990
Section: SPORTS
Page#: 05C

By Patrick Reusse; Staff Writer

On Sept. 25, 1988, the Philadelphia Eagles were in the visitors locker room at the Metrodome, lamenting a 23-21 loss to the Vikings that had concluded minutes earlier. Offensive tackle Ron Heller was standing against a wall with a thick gauze bandage on his left eye. His right eye was red and swollen.

Heller had been involved in an altercation with Al (Bubba) Baker in the second quarter. Heller crumpled to the ground. A replay showed Baker poking Heller in the eyes. In the locker room, teammate Dave Rimington looked at Heller and said: "You should sue that guy. He can't do something like that."

Sixteen months later, Heller has decided to take Rimington's advice. A lawsuit in Heller's behalf will be filed today in Hennepin County District Court. Heller is suing Baker and the Vikings for "in excess of $50,000," according to Harry Sieben Jr., a Minneapolis attorney who is handling the suit for the plaintiff.

Baker, now a Cleveland Brown, was served papers at his home in Westlake, Ohio. Vikings assistant general manager Jeff Diamond said the team was served Jan. 10. "We haven't had time to study it, so there is no comment at this time," he said.

Said Sieben: "Ordinary negligence in a sporting event is not actionable in Minnesota. In this case, we believe it is a case of gross negligence - aggravated conduct and reckless disregard of rights of another person. . . . The Vikings are included in the suit because an employer is responsible for the actions of an employee when the person is working for them."

According to the complaint, Heller has suffered permanent injury to the left cornea. He spent five days in Wills Eye Hospital in Philadelphia after the incident, but he was able to play the rest of the 1988 season and was a regular this season. After the incident, Baker said: "We just had finished exchanging punches. . . . I pushed my hand out there, telling him to get back in the huddle and start playing football. Basically, he walked into it. I'm telling the truth on this one. God is my witness."

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