An ISU alumnus has filed suit against the city of Ames and USA Hockey, Inc. after he was hit in the face by a puck last year.

Daniel Blumhagen, now of Austin, Texas, claims the city failed to maintain the old Ames/ISU Ice Arena and that USA Hockey allowed the event knowing the building was not properly maintained. Blumhagen graduated in 2001 with degrees in management information systems and transportation and logistics.

Blumhagen was sitting in the fifth row of the stands when he was hit. Fred Sylvia, ice arena manager, said this is typical because people in the first row are paying attention and can get out of the way.

“I didn’t even know it was coming ’til it hit me in the face,” Blumhagen said. “I just think that the facility should try harder to protect students. You don’t expect to go to a hockey game and get hurt.”

Blumhagen sustained a broken jaw and fractured several teeth when he was struck by a puck hit by a Western Michigan hockey player on Jan. 20, 2001. The player was penalized for intentionally hitting the puck into the crowd.

Blumhagen claims the city failed to defrost the ice, which decreased the effective height of the protective boards and failed to properly warn spectators of the dangerous conditions of the facility.

According to a petition filed by Blumhagen with the Story County Courthouse, the city of Ames allowed conditions to remain at the arena that involved an unreasonable risk of injury to spectators; failed to adequately maintain the facility including failing to defrost the ice, allowing a crown to develop in the ice and flooding the perimeter of the rink therefore decreasing the effective height of the board around the arena; failed to adequately design, construct and modify the ice arena; and failed to properly warn spectators of the unusually dangerous conditions present at the facility.

Jason Zabokrtsky, Blumhagen’s attorney, said a claim has also been filed with the state of Iowa and is before the State Appeal Board. In order to name the state in a lawsuit, a claim must first be filed to be approved or denied. The claim was filed because Iowa State is an entity of the state of Iowa.

City Attorney John Klaus declined to comment, but said the city has referred the case to its insurers.

Jon-Scott Johnson, risk manager for the city of Ames, said he is sure there will be multiple defenders in the case.

“I’m sure down the road ISU and the Western Michigan hockey player will all be invited to join in on the fun,” Johnson said.

Johnson said the old arena was owned by Iowa State, but the Ames’ Park and Recreation manage the facility. The new ice arena, which opened this year, is now jointly owned by Iowa State and the city of Ames.

Johnson did not feel the old arena increased the likeliness of Blumhagen’s injury or that the new arena could have prevented it.

“I didn’t think there was anything wrong with the old [ice arena],” Johnson said. “Safety issues be darned, the reason the poor man got hurt was the idiot from Western Michigan hit the puck over the wall.”

A person assumes a certain risk when they enter an ice arena said Al Murdoch, head coach for the ISU club hockey team.

“There’s an assumed risk in doing just about anything in life,” he said. “I don’t think the risk in an ice arena is any greater than going on a walk on a windy day after a blizzard.”

Murdoch said there are verbal warnings throughout the game as well as written warnings on the back of the tickets to inform spectators of the risk.

Sylvia said the new ice arena was designed to the rink standards of the National Hockey League because there are no set standards for ice arenas – just a governing body that has recommendations. The new rink has 42 inch boards from the base and 72 additional inches of glass. There is also netting up on the end areas by the goals, but none around the area where spectators are seated.

Sylvia approximated 90 percent of pucks “come off right on the ends.”

Sylvia said the puck was the third that went over the glass that night.

“The puck – it’s so hard and fast, there’s always some inherent risk to watch the game,” he said.

Sylvia said the ice arena usually has about one to three injuries per year, but not all are due to accidents including pucks – Blumhagen’s case was an exception.

“It’s a really horrible thing that happened,” Sylvia said. “The only way that’s going to come out is through a court of law.

“It’s sad that it has to go to court.”

– Andrea Hauser contributed to this report.