Nightmare dillema

[MRofficial]

Thank you all for your comments. I appreciate the different opinions and insights. In fact that is the reason I posted on this site, to hear the various differing opinions. It is my hope that all of you have a very positive summer, I know that I will have a better summer thanks to the songs that I have started to listen to again. For those attending camps and being scouted, best of luck and see you on the court!

[Texas Aggie]

yes I am a lawyer, but not a litigator

I'm a lawyer AND a litigator and I can tell you this: the law on these sorts of issues is very state specific, and many states have statutes on the books protecting officials from these such suits. I've seen negligence cases from other states' Supreme Court uphold a Plaintiff's win in a matter where the Plaintiff would be thrown out on summary judgment in Texas and other states. Recently, a Texas district court in San Antonio, which is not exactly an area reputed to be pro-defense, granted summary judgment in favor of high school football officials who were sued for negligence for (allegedly) not enforcing the sideline rule. This case will likely be upheld on appeal. The plaintiff in any one of these cases has an uphill battle to prove a viable duty owed by the official to the player. Without a common law, contractual, or statutory duty, there is no tort liability.

Even assuming the Plaintiff's attorney comes up with a viable duty, he also has to prove a breach of that duty -- a breach that proximately causes the harm complained of. The "harm" in your example is the result of a punch. Can the attorney prove the punch was caused by a breach of duty by an official? Not if I'm the defense attorney.

[just another ref]

So if I'm speeding and have a wreck, can I sue the cops?

[Adam]

Originally Posted by just another ref

So if I'm speeding and have a wreck, can I sue the cops?

No, but the guy whose mailbox you destroy can.

[Nevadaref]

Originally Posted by MRofficial

Kennel vs. Carson City School District (1990): High school basketball player attacked by opponent sued school district alleging that referees negligently failed to protect player. School district not liable for referees’ conduct. (Guess who was sued after this suit!)

I'm quite certain that I know more about that particular case than you.

[Raymond]

Originally Posted by Nevadaref

I'm quite certain that I know more about that particular case than you.

Do tell...it is an old case after all.