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Originally Posted by Judtech
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.
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I think it needs to be made clear that not every state uses the NF tests or considers the same score as passing. So it would be a little flawed to suggest that simply passing a test (in my opinion) from the NF means were are "certified" by the national govening body. For one, I can only work in one state right now and my passing tests do not apply to other states unless I go through their process, which might mean I would have to talk a completely different test.
Quote:
Originally Posted by Judtech
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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This is where I completely agree with you if no other language is used. But it appears that other language will be used to clarify our role in this rule as it has been in football as I explained earlier. But I think the language is very slippery and puts more responsibility on us as officials for things we are not trained to do. These issues are ultimately the responsibility of coaches, trainers and parents that deal with these players. Not sure why anyone thinks we can identify something like a concussion when doctors cannot agree on when and concussion has occurred just by only a few of these very narrow symptoms.
Peace