The Official Forum  

Go Back   The Official Forum > Basketball
Register FAQ Community Calendar Today's Posts Search

 
 
LinkBack Thread Tools Rate Thread Display Modes
Prev Previous Post   Next Post Next
  #9 (permalink)  
Old Thu May 28, 2009, 03:07pm
Official Forum Member
 
Join Date: Mar 2004
Posts: 2,193
Quote:
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.
Reply With Quote
 

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
OT--Padgett's Nightmare DonInKansas Basketball 5 Sat Mar 28, 2009 03:59pm
The Nightmare on Field # 6 Al Softball 21 Fri May 11, 2007 10:03pm
OBR BOO nightmare greymule Baseball 22 Mon Mar 06, 2006 05:07pm
What a nightmare! thumpferee Baseball 35 Wed May 18, 2005 08:50am
The Umpire's Nightmare Jim Porter Baseball 12 Mon Mar 12, 2001 12:14am


All times are GMT -5. The time now is 11:02am.



Search Engine Friendly URLs by vBSEO 3.3.0 RC1