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Tim
Barnyard lawyers? Give me a break. Where did you take your Tort Liability Class? or your legal precedence class?
THIS IS SIMPLE TORT LAW!
Most cases do not have published opinions unless they were heard on appeal... If there was a jury verdict and no appeal there would not be a record without spending a ton of research...
But I guess I am pigheaded go figure admit your wrong!
If you knew anything about Torts you would not be so arrogant to think that referees have not been sued for their actions.... Ask Jim Bain... he filed suit and the defendants counterclaimed with a referee malpractice case that went all the way to the Iowa Supreme Court it was tossed up still had to be litigated!
In Smith v. National Football League, Bubba Smith,sued for injuries he suffered from hitting an aluminum down marker which remained fixed in the ground during play. He alleged that the equipment was dangerous, and that the officials holding the chains were negligent for not ensuring the marker was removed. While the officials were not found to be liable, the case is significant because the issue was allowed to go to the jury, establishing for the first time that a sports official could be found liable for negligence during an athletic event. YOURE RIGHT THE OFFICIALS WON THIS BUT THE PRECEDENCE TP TAKE IT TO A JURY WAS ESTABLISHED.
IF WE CAN BE FOUND LIABLE WE WILL!
In Carabba v. Anacortes School District No. 103,the plaintiff, a high school wrestler, sued the school district through its agent, the referee. the case raised the possibility of imposing liability on an official for failing to properly supervise the athletic contest.
if a sports official's conduct is found to be the cause in fact of an injury, a plaintiff must next establish whether there exists legal liability in the form of proximate causation. Once proximate cause and factual causation are proven, liability may be imposed on the official if no plausible defenses to counter the claim exist.
THIS GOES BACK TO A FAMOUS CASE HADLEY V BAXENDALE....
Officials get sued! Deal with it... Many get settled. Most probably dont get appealed. The ones that do get appealed are where they bring in a deep pockets to get more money and school districts, athletic associations, etc are involved.
The ability to sue has been established by the courts. The only way to win the lawsuit is hope that the state has liability limitation/immunity statutes for sports officials.. or you prove that your actions were not reckless, negligent, or grossly negligent.
I agree with others on the board I will not put myself in a position to have to try and defend a lawsuit. It takes time, money and a lot of grief to go through some of these suits and we dont need the grief.
BTW I found an article that stated in Wisconsin, sports officials have been sued since at least 1914 in that case the boxing referee was exonerated but the point is suits have happened for almost 100 years and they arent going away!
[Edited by Kelvin green on Dec 27th, 2002 at 01:12 AM]
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