San Diego Chicken Can Cluck: Toppled Pitcher Gets No Bucks

Cleveland Indians pitcher Don Schulze is not entitled to damages for injuries he claims to have suffered in a collision with the former San Diego Chicken, a federal appeals court ruled today.

Schulze claimed he suffered a separated left shoulder when the Chicken, portrayed by Ted Giannoulas, grabbed him as he was rounding third base and both men fell to the ground.

After a trial on Schulze’s claim, a jury found in favor of the Chicken, since renamed the Famous Chicken.

The incident occurred during a June, 1981, exhibition game at Davenport, Iowa. Schulze was then a pitcher for the Class A Quad City Cubs, a Chicago Cubs farm team.

In trial testimony, Schulze said he had hit a home run and was rounding third when Giannoulas grabbed him and they fell.

Giannoulas’ attorney argued, however, that his client did not grab Schulze. He said the fall occurred after Schulze stepped on the entertainer’s giant webbed feet.

Schulze claimed that the trial jury was improperly instructed on Iowa law with regard to the intent necessary for civil battery and that the verdict was against the weight of evidence. A three-judge panel of the U.S. 8th Circuit Court of Appeals disagreed and today upheld the verdict.

Schulze had asked for $2 million in damages. Court records showed that Giannoulas offered to settle the case out of court for $7,500, but Schulze refused.