Updating our Sept. 30, 2003 item: an attorney for Andrew Bourne of Liberty, Ind., says his client will appeal a recent court ruling that found that a manufacturer of goal posts, Connecticut-based Gilman Gear, is not responsible for injuries Bourne sustained when his fellow Ball State students toppled a goal post after a 2001 football victory. (Brian Zimmerman, “Paralyzed man will appeal ruling”, Richmond (Ind.) Palladium-Item, Jul. 23).
Posts Tagged ‘sports’
No running — this is a playground
Courtesy Matt Conigliaro (Jul. 18): swings and other fun elements are disappearing fast from South Florida playgrounds under lawyering pressure. “To say ‘no running’ on the playground seems crazy,” says Broward County School Board member Robin Bartleman, whose own 6-year-old daughter is disappointed in the playground at Everglades Elementary in Weston. “But your feelings change when you’re in a closed-door meeting with lawyers.” “Play is one of children’s chief vehicles for development,” said University of Texas emeritus professor Joe Frost, who runs the Play and Playgrounds Research Project there. “Right now it looks like we’re developing a nation of wimps.” (Chris Kahn, “In the pursuit of safety, teeter-totters and swings are disappearing from playgrounds”, South Florida Sun-Sentinel, Jul. 18). See Sept. 8, Mar. 5, etc. More: Liz Lightfoot, “Schools ‘wrap children in cotton wool'”, Daily Telegraph (U.K.), May 3.
“Hockey mom wants daughter allowed in boys’ change room”
In Lumby, British Columbia, soccer mom Jane Emlyn is pursuing a complaint with the province’s Human Rights Tribunal saying “female minor hockey players’ rights are violated when they’re forced to use separate changing rooms.”
According to Al Berg, a member of the B.C. association’s coaching committee, the policy was introduced in January 2001 by Hockey Canada, after a Human Rights Commission mediation session in Ontario. It states players over the age of 11 of different gender are not allowed to change in the same room at the same time. The policy came as a result of increased female participation on integrated teams.
Ms. Emlyn, whose 14-year-old daughter Jewel plays on the Lumby Stars with two other girls, says a more gender-equitable policy would be to separate the sexes only for actual showering; at other times the boys would stay in boxer shorts and the girls in equivalent top-and-bottom skivvies. “A similar policy was introduced in New Brunswick last October, after the Human Rights Commission ruled a 14-year-old female player had her rights violated when she was forced to change separately.” According to Ms. Emlyn, “most of the youngsters on the team say they’re fine with mixed changing rooms”. (Lori-Anne Charlton, Vancouver Province/Canada.com, Jul. 11).
Unsuccessfully sues fellow skier
“A federal jury found yesterday that Sarah Walker, an aspiring model and ski instructor, was mostly to blame for a skiing accident at Loon Mountain in Lincoln, N.H., and refused to award her any money for injuries she said had derailed her modeling career.” Walker had sued 16-year-old Megan Lowry of Boxford, Mass. for alleged negligence in a collision of the two on the slopes; she also named Lowry’s parents as defendants, but a judge threw out that part of the claim before trial. (Shelley Murphy, “Ski crash model’s own fault, jury finds”, Boston Globe, Jun. 30). Wave Maker comments.
Convicted Arsonist Sues Over Denial of College Football Privileges
Sione Havili was convicted of felony arson. He pled guilty to tossing two plastic jugs filled with gasoline into a home. After serving his time, he wanted to play college football, like any average kid. Utah school officials denied him his right to play football and have now been sued. (“Former running back sues Utah AD, former president,” MSNBC Jul. 10.) [Cross-posted at SoCalLawBlog]. Good for Utah. Torching someone’s house is just plain wrong.
Corey Romagnano v. Rancho Simi Recreation and Park District
Santa Susana Park prohibits rock-climbing, and has even partially fenced off a 100-foot rock face there. Nonetheless, 13-year-old Corey Romagnano climbed it anyway, and is in a coma after suffering skull fractures from falling off the cliff. The resulting lawsuit is especially critical of the park district for situating a baseball field beneath the cliff because it “made the hillside even more dangerous and attractive to children who would want to watch the game or activities.”
“We have all kinds of parks and open space — 5,000 acres worth. The open space is available for use by the public and we can’t protect everyone from everything. You can’t eliminate risk of injury,” said Larry Peterson, the park district’s general manager.
(Angie Valencia-Martinez, “District sued over boy’s fall from park cliff”, LA Daily News, Jun. 25 (via Common Good Society Watch)).
10-year-old’s hockey demotion
…results in courtroom commotion in Mississauga, Ont., Canada. (“Boy, 10, sues hockey association over demotion”, CBC News, Jun. 19; “Hockey lawsuit put off until fall”, Mississauga News, Jun. 24). Brendan Butrimas allegedly got booted from the Applewood Hockey Association because of conflicts between his father and officials. His family says the C$10,000 suit is — had you guessed? — Not About The Money. “It’s not a money grab. This is a case to protect the rights of children,” said attorney Harry Kopyto, the family’s legal agent. (“Boy sues over fight between his father and hockey league”, CP/Globe and Mail, Jun. 19). (Corrected Nov. 27 to specify standing of family’s legal agent; a reader writes in to say that Kopyto was disbarred by Ontario legal authorities but “is allowed to appear as an agent/paralegal in Small Claims Court”.)
S.F. softball fields
They’re in pretty sorry shape, but the city government isn’t wild about the idea of letting volunteers spiff them up. “Topping the list are liability concerns — what happens if someone throws out their back patching the gopher holes in the outfield and decides to sue the city?” On top of that, there’s the reluctance to pick a fight with unionized city workers who might feel entitled to be paid for the same work. (Rachel Gordon, “Teams offer help on parks”, San Francisco Chronicle, Apr. 29)(via Common Good Society Watch).
Payne Stewart air crash verdict
After golfer Payne Stewart and several others were killed in a 1999 plane crash, Stewart’s survivors sued a list of defendants starting with the aircraft’s owner and its operator; perhaps the deepest pocket sued was that of Canadian-owned Learjet, which stood its ground, took the case to trial and was entirely vindicated by a jury last week. (“Jurors clear Learjet in Payne Stewart crash”, AP/FoxSports, Jun. 10; “Payne Stewart family sue over air crash”, GolfToday (U.K.), undated 2000). DropZone has a comment thread which includes a discussion of the practice of suing multiple defendants after air crashes (and then working up theories against them individually as needed) and also includes some jaded comment about Instance #785,423 of It Not Being About The Money:
Tracey Stewart, her teenage son and college-aged daughter and Fraley’s widow, Dixie Fraley Keller, said through a statement that “their hope in this effort was to make air travel safer …”
“They brought this litigation not because of money in any capacity; it was always about responsibility,” said attorney Gregory McNeill.
The suit had demanded $200 million.
Update: Bonds ball
“The fan who originally gloved and then fought to keep Barry Bonds’ 73rd home run baseball may still owe his former attorney more than what the ball fetched at auction, a California appeal court ruled May 24.” Attorney Martin Triano says Alex Popov owes him $473,530; lawyers for Patrick Hayashi, the other disputant in the squabble, agreed to roll back their fees so that he would not come out behind on the episode. (Warren Lutz, “Bonds’ Ball Litigant Strikes Out in Fee Fight”, The Recorder, May 31). See Jul. 1 and Jul. 12, 2003 and Jan. 3, 2004. And independent filmmaker Michael Wranovics has made a documentary about the whole episode entitled “Up For Grabs” which won the Audience Award for Best Documentary at the Los Angeles Film Festival and has been getting good critical reviews (Clint O’Connor, “A record-breaking hit brings out the base instincts in sports fans”, Cleveland Plain Dealer, May 27; Glenn Whipp, “Big hit, comedy of errors”, Long Beach Press-Telegram, May 12; “Film Listings: Ongoing”, San Francisco Bay Guardian, May 4-May 10; Neil Davis, “You gotta catch ‘Up For Grabs'”, Stanford Daily, May 9).