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Old Tue May 04, 2010, 10:09pm
Judtech Judtech is offline
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Join Date: Dec 2008
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JUST - I'll take you on with that line of reasoning.
Your honor, this official by consent and/or contract has agreed with the rules set forth in the NFHS rule book. By passsing the annual NFHS examthis official is "certified" by the national governing body. A body, which I may add, is established to monitor the rules and safety of athletes such as my client across America. As such, it is reasonable to assume that this official accepts, condones and adheres to the rules and policies set forth by the governing body. The rule book clearly states that it is the responsibility for the official to know the sign/symptoms of a concussion. Clearly in my clients case this official was negligent in their duties. Because of this negligence, my client experienced pain and suffering, not to mention the added anguish, pain and uncertainty that this minor's parents suffered.
I cite In Loco Parentis and Duty of Care as reasons this suit should continue.
I would also probably name the NFHS (along with the coach, school, AD, principle, and school district) because they did not give their officials proper instruction in diagnosing concussions!! But that is just me
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