[kdf5]

Originally Posted by Texas Aggie

According to the story (I haven't seen the actual suit, so my comment here MAY be a bit unfair):

"Midwest alleges Harpole was negligent for not controlling his speed down the sideline and not watching where he was going. It alleges the game crew failed to enforce the rule and even "encouraged" coaches to "stand in an area of the field that the referees knew or should have known was dangerous."

Speaking as a Texas attorney, I am embarrassed that one of my (supposed) peers is making this totally stupid, not to mention contradictory, allegation. How in the hell is the area "dangerous" if the official is controlling his speed and watching where he was going -- which it alleges is his duty to do? Honestly, this is something a second year law student writing a brief for an appellate advocacy class or function would be laughed at for saying. Further, while I "encourage" everyone to drive rather than walk when they want to go from Dallas to Waco in less than 3 hours, does that make me responsible if that person is in an auto accident? Its patently stupid to allege as much. All this is granting their underlying premise, that an official owes a coach ANY duty on the football field. He doesn't, at least not a legal duty that he wouldn't have anyway as an average citizen.

Sorry for the legal rant. It just drives me crazy that attorneys aren't sanctioned when they assert this drivel.

Speaking procedurally, its likely that the insurance company, having gone this far, will submit an appeal to the San Antonio Court of Appeals. Chances are good this judgment will be upheld and the Texas Supreme Court probably won't hear it, unless the COA reverses it.

As far as sideline behavior on the field, I didn't have too many problems this year. Our chapter got out the word that we would enforce the rule from Varsity down to 7th grade. I had maybe 2 warnings the whole year and passed on maybe 3 or 4 more that I *could* have flagged. Never got anywhere near a 5 or a 15 yard penalty. I worked more in the middle of the field, though, than I ever have. I got on one of my wings one game for not keeping his sideline under control, but he improved in later games I had with him.

Unfortunately, it was totally stupid for an attorney to allege that McDonald's is negligent for some women burning her whatsit when she opened a cup of scalding coffee between her legs but somebody bought the argument. I'm glad that common sense has prevailed so far in this matter. What about assumption of risk on the football field?