A legal question...

[Jim D]

This is an excellent reason to join NASO. Even if we are great officials and do our jobs perfectly, we can get sued. We need the insurance and legal help they offer.

[Forksref]

I know some will take this as being insensitive, but I have always thought that the number one person responsible was Kory Stringer. As a professional athlete, I think he should have been aware of the warning signs of heat stroke. He should know his body better than anyone. This is especially true for someone of his weight and position. I think the athlete is going to be aware of the signs before someone else will notice them.

If he was never educated as to those warning signs, then I think the responsibility could go elsewhere, such as the team, team doctors, trainers, etc. If the team "climate" was such that it was frowned upon to report these signs and to take a break, then the team should be held responsible.

[Ed Hickland]

Originally Posted by Forksref

I know some will take this as being insensitive, but I have always thought that the number one person responsible was Kory Stringer. As a professional athlete, I think he should have been aware of the warning signs of heat stroke. He should know his body better than anyone. This is especially true for someone of his weight and position. I think the athlete is going to be aware of the signs before someone else will notice them.

If he was never educated as to those warning signs, then I think the responsibility could go elsewhere, such as the team, team doctors, trainers, etc. If the team "climate" was such that it was frowned upon to report these signs and to take a break, then the team should be held responsible.

As unfortunate as Korey Stringer's death was, it has taught us all to be aware of the possibility of heat stroke and how to prevent it. Stringer like most competitve athletes wanted to practice and in spite of his condition did to his demise. Think about it, without a guaranteed contract he could have lost his starting job and maybe even a roster spot.

As for the doctors read today's Boston Globe story about Ted Johnson who suffers today from depression and amphetamine addiction he attributes to doctors rushing him back into the lineup following back-to-back concussions without sufficient recovery time.

[ljudge]

Originally Posted by Ed Hickland

As for the doctors read today's Boston Globe story about Ted Johnson who suffers today from depression and amphetamine addiction he attributes to doctors rushing him back into the lineup following back-to-back concussions without sufficient recovery time.

It's amazing how different versions of the same story get printed in different papers. I just read this morning it was the head coach who forced him back after concussions against the recommendation of the head trainer who told him to stay out.

So who knows? Only Ted Johnson, Bill Bellichick, and the head trainer know the real truth.

[Texas Aggie]

Forget the facts of the case. They aren't there yet. This is a federal case which is heavily procedurally oriented at first. By procedure, I mean that the exact merits of the case mean little, and whether the case moves forward depends on the rules of federal civil procedure rather than negligence or tort law in general.

The first hoop to get through in a federal lawsuit is usually what we call the 12-b-6 hoop. Under Federal Rules of Civil Procedure (FRCP) 12.b.6, a suit can be dismissed if it does not state a claim upon which relief can be granted. This sounds simple, but it isn't. There are thousands of cases in the books that go through each nook and cranny about what specific factual claim can and can not withstand 12-b-6 scrutiny. I BELIEVE this is the stage the lawsuit is at right now.

After that is resolved, many cases in the federal system go bye-bye due to summary judgment. Here the standard is whether the plaintiff has raised an issue of material fact. In other words, if the plaintiff's facts are taken as true, can they still recover? An example of how they couldn't recover is when the claim is beyond the statute of limitations time period. Or, more legally speaking, if the defendant owed no legal duty to the plaintiff, precluding a finding of negligence. Essentially, the judge is making the decision on the case as there are no material facts that are in dispute. Even if there are facts in dispute, they don't rise to the level of being "material." Thus, a jury is not needed.

My guess is one or more of the claims raised here will be thrown out in the summary judgment stage. There's a chance this stage is where they are (the writer obviously isn't an attorney), but I think based on the article I read, they are at the rule 12 stage.

I came on here for football discussion, not to give legal talks!!

[mplagrow]

Originally Posted by Texas Aggie

I came on here for football discussion, not to give legal talks!!

You'd have never guessed it!

I agree with the deep pockets theory. Always sue the corporations. They're likely to throw you a financial bone to end the whole thing quickly.

[Texas Aggie]

The corporations aren't going to be paying much, if anything. Most have insurance coverage, and the insurance companies handle the litigation. They will pay reasonable settlements, but some will fight the preliminary stuff tooth and nail.

I'm a bit surprised the federal judge hasn't ordered mediation here, or if he has, why the case hasn't settled.

[parepat]

Originally Posted by Forksref

I know some will take this as being insensitive, but I have always thought that the number one person responsible was Kory Stringer. As a professional athlete, I think he should have been aware of the warning signs of heat stroke. He should know his body better than anyone. This is especially true for someone of his weight and position. I think the athlete is going to be aware of the signs before someone else will notice them.

If he was never educated as to those warning signs, then I think the responsibility could go elsewhere, such as the team, team doctors, trainers, etc. If the team "climate" was such that it was frowned upon to report these signs and to take a break, then the team should be held responsible.

Point the finger at the Minnesota Vikings. If you want to read a primer about how to incorrectly deal with an overheating player look into the facts of this case. Look at how he had trouble during the previous practice with no follow up. Look at how his coaches criticized him about the earlier problems. Look at how long he was in the training trailer before he was sent the hospital. This was a tragedy and it won't be the last. This case wasn't about an out of shape player. By all accounts Stringer was in the best shape of his pro career. I believe this is a product of the demand for 300+ lb players.

To put the blame on the player is to not understand pro sports. These players are conditioned from the time they are kids to ignore pain, don't wimp out, don't drop out of a drill, be a leader, heat stroke happens to those out of shape, etc, etc,. The reason they are in the NFL is a testament to that competitiveness. In this case Stringer dropped out of a drill and was left alone for a period of time. I believe his position coach later discovered that he was having problems, but the downward spital had already started.

I believe the widow previously settled with the Vikes and is now looking for more $.