cases

SOCIETY WATCH: Individual Court Cases

Hawaii Supreme Court Rules Golfers Not Liable for Errant Balls  
Associated Press, May 17, 2006

In a unanimous decision, the Hawaii Supreme Court recently ruled that “a golfer may not be held liable for mistakenly hitting another golfer with an errant golf ball.”  “It is ‘common knowledge that not every shot played by a golfer goes exactly where he intends it to go,’” expressed Chief Justice Ronald Moon in the opinion, “adding there wouldn't be much ‘sport’ in the ‘sport of golf,’ if golf balls went exactly where the player wanted.”  The justices also decided that golfers did not “have to shout ‘fore’ or other warnings to protect other players” on account that “doing so was golf etiquette, not a requirement recognized by law.”  article »

Suit Against Coach Strikes Out in Court  
Pasadena Star-News, March 29, 2006

“A judge has made it safe again for high school coaches to lose their tempers, tossing out a lawsuit that accused a coach of inflicting ‘emotional distress’ on a softball player by calling her ‘a 2-year-old,’” reports the Pasadena Star-News.  The suit, filed by the attorney father of the alleged victim, sought $3 million dollars for, in part, “intentional and negligent infliction of emotional distress” and named the accused coach, who coached junior varsity, the varsity coach, and their teams’ school district.  In dismissing the suit, Los Angeles Superior Court Judge Jan Pluim wrote that “there is nothing wrong with ‘a coach pushing an athlete to excel, and in so doing, using words that in another context would be considered rude, demeaning and even intimidating.’”  He added, “‘Referring to a student as a ‘two-year-old’ … is insufficient to constitute a tort in the context of a teacher-student relationship.’"

Justices Allow Postal Customers to Sue
Gina Holland, Associated Press, February 22, 2006

The Supreme Court recently ruled, 7 to 1, that a Pennsylvania woman, who suffered wrist and back injuries when she tripped over mail that was left on her porch, and not in her mailbox, can proceed with her claim for damages against the United States Postal Service.  “Justices had been asked to interpret a federal law that bars lawsuits over the ‘loss, miscarriage or negligent transmission of letters or postal matter.’”  The Bush Administration opposed the woman’s petition, telling the Court “that the Postal Service delivers about 660 million pieces of mail each day and would have a hard time disproving complaints about accidents.”

N.Y. Judge Refuses to Reverse Wrestling Referee's Call
John Caher, New York Law Journal, December 13, 2005

Highlighting the appropriate role of judge as gatekeeper, New York State Supreme Court Justice Thomas J. Spargo "declined to enter the fray" over who should be the 2005 New York State wrestling champion of the 135-pound division.  In the division’s championship match, Frank C. Rodriguez won on points, 7 to 6, but was later penalized two points by the match’s referee for throwing his headgear into the air in celebration – thereby costing him the title.  After appealing unsuccessfully to the protest committee, Rodriguez filed an Article 78 petition before Justice Spargo – seeking to be named, if not state champion, state co-champion of the division.  But Justice Spargo refused to intervene.  In ruling that the decisions of both the referee and protest committee were reasonable, Justice Spargo wrote, "'To establish a precedent of reviewing and potentially reversing a referee's judgment call from the distant ivory tower of a judge's chambers would cause unending confusion in the interscholastic athletic system.'"

In 1990, the New York State Court of Appeals was called upon to settle the winner of the America’s Cup yacht race.  In a concurring opinion, then-Chief Judge Sol Wachtler wrote, "'Ultimately ... it must be the contestants, not the courts, who define the traditions and ideals of the sport. . . .  [I]f the traditions and ideals of the sport are dependent on judicial coercion, that battle is already lost.'"  article »

Judges Decide Another Election -- This Time, for Student Council
Associated Press, August 31, 2005

A judge was called upon to determine the winner of the University of Kentucky student government election when the students challenged a ruling made by the student "supreme court." article »

Oregon Man Sues Storm, Arena After He's Struck by Puck
Toledo Blade, August 19, 2005

Anthony Katschke thinks the Toledo Storm hockey team and the Toledo Sports Arena did not do enough to protect him from getting hit with a hockey puck, and he is suing the team for over $25,000 to cover his "medical expenses ... , pain, suffering, mental anguish, and emotional distress" after being struck in the face at a game in January. Storm spokesman Matt Melzak said that "spectators are warned about the dangers at games by a disclaimer on the back of each ticket [and by] announcements ... made throughout the games. Signs and similar warnings are posted throughout the arena. ... As a result of the March, 2002, death of a 13-year-old girl at a Columbus Blue Jackets National Hockey League game, the East Coast Hockey League mandated that all its teams install safety netting above the glass that borders the corners and end zones of league arenas. Mr. Melzak said the improvements were made." article »

Town Sued Over River Rescue
Claudia Van Nies, Hartford Courant, August 6, 2005

Barbara Connors says the city of Old Saybrook, CT, took too long (29 minutes) to rescue her after the car in which she was a passenger plunged into the Connecticut River last year. Within two months of the accident, Connors filed an intent to sue naming the police officers and volunteers who "repeatedly dove without equipment" to rescue her. Now, she has filed an actual lawsuit that does not name the rescuers but instead accuses "a long list of town officials" of failing to "maintain a rescue dive team" or post sufficient warning signs. The car was driven by Connors' son-in-law--also being sued--who says he "accidentally hit the accelerator of his Ford Explorer ... causing the vehicle to jump the walk and crash through the chain-link fence that runs along the river at town-owned Saybrook Point."

Lawsuit Allowed in MIT Suicide
Marcella Bombardieri, Boston Globe, July 31, 2005

Four psychiatrists and two administrators at MIT may face a jury trial in a $27 million lawsuit over the April 10, 2000, suicide of a student. The parents of Elizabeth Shin, who set her dorm room on fire in April of 2000, sued the university and numerous employees after her death, saying they were "grossly negligent" in their response to Elizabeth's suicidal behavior. Judge Christine M. McEvoy of Middlesex (MA) Superior Court has now dismissed the suit against the university itself, ruling that "MIT could not be held liable for breach of contract because statements in MIT brochures about mental health services are too vague to constitute an enforceable contract." But McEvoy will allow the suit to proceed against some of the psychiatrists and administrators named--"a decision some higher education officials say is unusually expansive and alarming. ... Nonclinicians are not usually considered responsible for preventing suicide."

As the Boston Globe reports, the decision "raises difficult questions about the responsibility of a university for the behavior of students with mental health problems, who are increasingly likely to attend college as therapy and medications help them control their illnesses. Many educators are worried that they will face costly litigation whenever students commit suicide." In fact, colleges and universities are facing a legal dilemma: "[T]here's a trend on campuses toward forcing students to go on medical leave at the first sign of any suicidal thoughts, in order to avoid legal liability. But [according to Gary Pavela, director of judicial programs at the University of Maryland at College Park] that's ethically wrong and illegal, because the Americans with Disabilities Act requires schools to carefully consider the facts in an individual case before sending a student home. 'If administrators overreact to these cases by routinely removing students, then they are jumping out of the frying pan and into the fire,' [Pavela said]." article »

Mother of Son Who Drowned at City Park Files Lawsuit Against Tucson
Associated Press, July 23, 2005

Sixteen-year-old Jeremy David Baker drowned in a lake at a Tucson, AZ, park last summer "after he apparently waded into the lake to free a fishing bobber." Now, his mother is suing the city, alleging "there were no signs 'stating the health risks or legal consequences'" and "[the city] was grossly negligent when it designed, built and maintained the lake which constituted an attractive nuisance." City Attorney Mike Rankin says the city is immune from liability for the accident under a state law protecting "public owners of recreational areas." article »

Football Goal Post Maker Not at Fault in Student Paralysis
Associated Press, July 22, 2005

After Ball State (IN) University won its homecoming game against rival Toledo University in October 2001, students from Ball State ran onto the field and tore down the goal posts. The goal posts fell onto student Andrew Bourne, who was paralyzed. Two years later, Bourne sued the goal post manufacturer, Gilman Gear, "claiming the company was negligent in how it manufactured goal posts." But Judge David F. Hamilton of the Southern District Court of Indiana has wisely thrown out the lawsuit. "[A]ny other reasonable observer knew the mob of students was trying to pull the structure down," Judge Hamilton ruled. "The risk was obvious, and the goal post was therefore not unreasonably dangerous."

Ski Crash Model's Own Fault, Jury Finds
Shelley Murphy, Boston Globe, July 7, 2005

Want-to-be model Sarah Walker was skiing downhill at a "very fast" speed, while 16-year-old Megan Lowry was crossing the same trail. The two collided, leaving Walker with "a scar on her face and a limp"--injuries that she says "derailed her modeling career." Walker sued Lowry and her parents. The case against Lowry's parents was dismissed, but the case against Lowry herself went to a jury after two years of litigation. The jury found Walker 95 percent responsible for the accident. article »

Mother of Girl Hit in Head by Bat Files Lawsuit
Associated Press, July 5, 2005

District Sued Over Boy's Fall From Park Cliff
Angie Valencia-Martinez, L.A. Daily News, June 28, 2005

Thirteen-year-old Corey Romagnano climbed and fell 100 feet from a rock face overlooking a baseball field in Santa Susana (CA) Park. He "suffered multiple skull fractures" and remains in a coma. Now, his mother is seeking to hold the Rancho Simi Recreation and Park District liable for the terrible accident. According to a lawsuit filed in Ventura County Superior Court, the park district created a "hidden trap for children" by building a baseball field near the rock face and didn't do enough to protect visitors to the site. Larry Peterson, general manager of the park district, told the L.A. Daily News, "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." Indeed, the more park managers feel compelled to anticipate and prevent every possible accident, the less park land will be available for public use. In the Santa Susana Park, rock climbing is prohibited and "the rock face from which the youth fell is off-limits to park users. The area is partially fenced off."

Lawsuit Gets No Attention
Bart Fisher, New Britain Herald, April 26, 2005

Former Bringham Young University baseball player Scott Koffman is suing the university for $9.2 million, claiming that he suffered injuries when forced by a coach to lift too much weight and that the injuries ended his dream of playing professional baseball. The lawsuit, argues columnist Bart Fisher, may not be frivolous. Koffman was a legitimate major league prospect, and the coach's alleged conduct was questionable. But, Fisher continues, "[t]he implications are stupefying. Just for starters how many other similar suits will be brought by other youngsters who feel either rightly or wrongly that their potential to earn the mega-money pro sports offers has been somehow compromised by an overzealous or perhaps even an under-zealous strength and conditioning coach? The legal theory here could obviously be extended to the high school level as well. Kids and their parents are suing over things like playing time now. This could cause a new avalanche of litigation." article »

Baseball Fan Files Lawsuit Over Injury
Associated Press, April 15, 2005

Yet another lawsuit has been filed by a baseball fan hit by a foul ball. "You go to a ballgame, and there is a great big assumption of risk about foul balls," attorney John Hubbard told the Associated Press. "Everybody that attends a baseball game knows that foul balls are part of life."

Fan Blinded by Ball Sues Yanks for $5M
Zach Haberman, New York Post, April 11, 2005

A former Brooklyn College professor wants George Steinbrenner and the New York Yankees to pay $5 million for injuries she suffered after being hit in the eye by a practice ball before Game One of the 2000 World Series. While Steinbrenner and the Yankees surely have $5 million to spare, letting teams be held liable in these situations will affect minor league, college, and high school teams.

Mauled Cyclist's Family Drops Lawsuit
Rachana Rathi, Los Angeles Times, March 29, 2005

Mark Reynolds, a 35-year-old resident of Foothill Ranch, CA, was attacked and killed by a mountain lion while mountain biking in the Whiting Ranch Wilderness Park. His parents responded to the tragedy by filing a lawsuit against Orange County, alleging "that the county should have known the park was dangerous because mountain lions were present." But Mark's friends and fellow mountain bikers disagreed with the lawsuit. "[C]yclists understand the risks of biking in wilderness parks," they said in messages left on the Mark J. Reynolds Memorial Foundation website. The parents have now dropped the lawsuit. Since 1986, all Orange County parks have been posted with warning sings that read, "Mountain lions may be present and are unpredictable. Be cautions. They have been known to attack without warning." article »

Green River Couple Sues Over Son's Playground Fall
Associated Press, March 29, 2005

In Green River, WY, a playground fall has led to a lawsuit. Shane A. Cantrell, 7, "fractured his skull when he fell 10 feet off the slide at Washington Elementary." His parents are now suing the school district, alleging that "Shane was not properly supervised and the district did not provide a safe playground for him. They are seeking $25,000 for past and future health costs." No judge or jury would be unsympathetic to Shane Cantrell and his parents. But lawsuits like the one filed by the Cantrells can have broad social consequences. Because of legal fear, playground equipment that children find entertaining and challenging is being removed, and PTAs are being advised not to purchase playground equipment for schools. These changes come in the midst of what the Institute of Medicine calls "an alarming rise" of childhood obesity. article »

Woman Sues Earth Conservancy Over Son's Drowning in 2004 Four-Wheeling Accident
Kasia Kopec, Times Leader (Pennsylvania), March 29, 2005

The mission of the Earth Conservancy, a non-profit organization in Northeastern Pennsylvania, is to revitalize "16,300 acres of former coal company-owned land. ... More than 10,000 acres of Earth Conservancy land has been dedicated to open space and recreational activities." But the Conservancy now faces a lawsuit from the mother of 30-year-old James Bertrand, who died "when the Jeep in which he was a passenger ran off a dirt roadway, down an embankment and into a 15- to 20-foot-deep waterhole on conservancy property." The property in question is open to the public, but motorized vehicles are strictly prohibited. Had Betrand obeyed the rules, says conservancy executive director Mike Dziak, the accident would have been avoided.

Joy, and Danger, of Wilderness
Los Angeles Times, March 27, 2005

The Los Angeles Times criticizes a lawsuit seeking to recover damages in the death of Mark Reynolds, a 35-year-old man who was attacked and killed by a mountain lion while biking in the Whiting Ranch Wilderness Park in Orange County, CA: "Like all the other hikers, bikers, climbers and bird-watchers, [Reynolds] probably reasonably figured that the pleasure of seeing green hills instead of tract houses was worth the long odds of a serious incident. As sad as his death was, even sadder is the prospect of municipalities, fearful of lawsuits, restricting access to the remaining bits of untamed land in an otherwise urban or suburban landscape. ... It shouldn't take warning signs for people to know they're entering the wilderness at their own risk. They should ... [remember] the wilderness is never predictable. This is one place we're on our own. That's part of why we love it so much." article »

Disability-Access Lawsuit Settled
Andy Nelesen, Green Bay Press-Gazette, March 25, 2005

When Gina Hackel sued 13 local businesses for violations of the Americans with Disabilities Act, the accused were quick to act. In an effort to avoid lengthy litigation, they hired a well-respected non-profit organization to evaluate their sites and to make the necessary changes. Hackel is pleased that the violations are being remedied, and the offending businesses are relieved to avoid going to court. But was a lawsuit the only way to get the businesses to comply?

Said one business owner named in the suit: "I'm happy with the agreement.... It's unfortunate it had to come to a lawsuit. I think this whole matter could have been handled with a friendly phone call or over a cup of coffee and this all could have been taken care of."

"In my particular case, I felt even more ambushed because I personally know the Hackel family.... I grew up with Gina's husband and I know the whole family and certainly if they would have come to me with any concerns about my business I would have certainly helped them out."

Court: Man Can't Take Both Sides of Same Case
Sue Reinert, Patriot Ledger (Quincy, MA), March 20, 2005

John Otis III was awarded $6.5 million for injuries he sustained after being struck by a drunken driver, but the driver, Todd J. Cusick, had no assets and only a $50,000 insurance policy. Wanting to collect the full amount, Otis struck a deal with Cusick. He "agreed to free Cusick from his liability. In return, Otis got authority to sue Cusick's attorneys and his insurer ... on Cusick's behalf. Otis would collect any winnings from the suit. In this second lawsuit, Otis contended that Cusick got a raw deal from his lawyers. ... Cusick would have won the lawsuit if his attorneys had done a good job, Otis argued. To make his case, Otis' attorney, [Paul J.] Driscoll, had to present the exact opposite arguments that he had made in winning the $6.5 million judgment. ... He even contended that some crucial facts were different. ... 'In short, Otis' position in the [second suit was] that he should not have recovered anything in the first suit.'" Fortunately, the Massachusetts Supreme Judicial Court refused to allow the second suit, saying it "would tarnish the court's reputation." article »

Family Sues Conway Ski Resort in Snowblading Accident
Associated Press, March 1, 2005

Fifteen-year-old Philip Pliskin was injured "while snowblading at night when he hit a metal cable separating two trails." His parents are now suing Cranmore Mountain Resort in Conway, NH, for negligence. New Hampshire has a law protecting ski areas "from such suits, saying skiers face an 'inherent risk.' But the lawsuit says that doesn't apply to snowbladers or skiing at night." article »

$17 Million Verdict Has Many Concerned
Derrick Nunnally, Milwaukee Journal-Sentinel, February 23, 2005

How much liability does an organization incur for an accident caused by a volunteer? That is the specific issue raised by a jury verdict saying the Archdiocese of Milwaukee "should pay $17 million to the 84-year-old victim of a car wreck caused by a parish group volunteer." The larger issue is the pervasive impact of legal fear on society, and the need for courts to ensure that decisions balance the interests of everyone. Said Common Good chair Philip K. Howard, "The notion of $15 million in pain and suffering to a person who's nearing the end of life needs to be balanced against who's paying for that. ... In effect, they're making this elderly gentleman's family rich at the expense of everyone in the parish. Is that a fair result? Doesn't sound like it to me." article »

Foul Ball Case Hits on Nothing but Netting
Robert Schwaneberg, New Jersey Star Ledger, February 15, 2005

Louis Maisonave was buying beer at a Newark Bears' minor league baseball game when he was stuck in the eye by a foul ball, suffering severe injuries but no permanent vision loss. Maisonave's lawsuit against the Bears and their concessionaire, Gourmet Dining, was thrown out by a trial judge but reinstated by an appeals court, and it is now being heard by the New Jersey Supreme Court. Yesterday, justices of the court asked lawyers "whether the threat of lawsuits would require stadium owners to erect protective netting over every seat." Said plaintiff's lawyer Frank DiGiovanni, "If the vendor or owner of the stadium wanted to protect himself completely, yes." Never mind that, as defense lawyers pointed out, "[n]o state requires [protective netting for every seat], the fans do not want it, and it would completely change the experience of going to a game."

Outraged Readers Say Cookie Ruling Was Half-Baked
Electa Draper, Denver Post, February 6, 2005

"[F]rom Hawaii to New York, and from Canada to Puerto Rico" people have expressed their "shock" and "outrage" over a lawsuit against two Colorado teenagers who left "a plate of cookies and a paper heart on a neighbor's porch" one evening last summer, only to be sued for frightening the neighbor into an anxiety attack with their 10:30 p.m. knock. The Denver Post has reportedly received hundreds of emails since running the story, many invoking "with dismay the adage, 'No good deed goes unpunished.'" One church group told the Post that "members were very concerned because one of its favorite programs is for youths to ring doorbells, drop off treats and run."

Student Sues Over Grade
Associated Press, February 5, 2005

The University of Nevada, Las Vegas, is being sued by a former student who says he was unfairly assigned a B-minus. The student, Bob Whitney, is seeking $10,000 for "emotional duress, tuition, books and living expenses." He alleges that his history professor "discriminated against him because of his conservative values," and that the professor's "fast-paced lectures prevented him from taking complete notes." article »

Woman Injures Finger at Fair, Files a Lawsuit
Anderson (SC) Independent Mail, February 5, 2005

While riding the "Super Slide" at the Anderson (SC) County Fair, Toni Brill went momentarily "airborne" and landed on her pinkie finger. She is now suing the company that operates the fair for $74,000.

Cookie Klatch Lands Girls in Court
Electra Draper, Denver Post, February 4, 2005

Seventeen-year-old Taylor Ostergard and 18-year-old Lindsey Jo Zellitti decided to stay home and bake cookies for their neighbors one evening last summer. They then went out around 9 p.m. and delivered the cookies to nine homes where the lights were on, knocking and leaving behind "half a dozen chocolate-chip cookies accompanied by big hearts cut out of red or pink construction paper with the message: 'Have a great night.'" Their kindness was rewarded with a lawsuit. One neighbor, 49-year-old Wanita Renea Young was startled by the knock; she called the sheriff and, the next morning, went to the hospital after "suffering a severe anxiety attack." The two girls wrote letters apologizing to Young, and the families "offered to pay Young's medical bills if she would agree to indemnify [them] against future claims." But Young declined and filed suit, winning $900 to cover her medical costs. "I just hope the girls learned a lesson," Young said.

Coach Takes Parent to Court
Marisa O'Neil, Los Angeles Times, January 26, 2005

One might say the legal battle between high school baseball coach John Emme and disgruntled parent Marc Martinez has gone into extra innings. Martinez filed the first lawsuit in 2001, "alleging that [coach Emme] hurt his son's chances at a college baseball scholarship" by forcing him to throw too many pitches and by making "derogatory comments about [his] pitching ability to potential college coaches." ( Martinez's son had a 4-7 record that year.) Martinez then sued the Daily Pilot, a newspaper, for its coverage of the lawsuit. Both lawsuits were dismissed, but now Emme has filed a suit of his own. He wants Martinez to pay him $1 million for damaging his reputation.

Woman Steamed About Scalding Cup of Tea
David Ryan, Napa Valley Register, January 19, 2005

A mom-and-pop cafe in Napa, CA, is being sued by a woman who says "she suffered third degree burns on her thigh after a cup of hot tea ... disintegrated in her hands. ... '[T]he lid popped off and the scalding hot tea poured onto [the] plaintiff's left thigh,'" the lawsuit filed by Donna Gocobachi reads. Cafe-owner Carrie Markham offered to pay Gocobachi's medical bills "because she felt sorry for Gocobachi, not because she believed the cafe had done anything wrong," but the offer was refused. According to Markham, the cafe keeps a warning sign in front of its coffee and tea cups and heats water to the temperature--180 to 205 degrees--required by "health department guidelines." The plaintiff's group Consumer Attorneys of California maintains that liquids will "burn the mouth and throat" at 140 degrees.

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