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Lax lawsuit - visiting parent hit by ball

Posted by billhoward 
Lax lawsuit - visiting parent hit by ball
Posted by: billhoward (---.nwrk.east.verizon.net)
Date: November 24, 2019 09:29PM

Unusual lawsuit against Cornell and coach Peter Milliman. August 2017 incident. Parent visiting Cornell claims to have been hit with, injured by a lacrosse ball leaving the field. [cornellsun.com]

Luke Pachini, Cornell Daily Sun
Gloria and Brian Abrams — residents of Orange County, California — visited Cornell on Aug. 19, 2017. Court documents show that while standing in the parking lot adjacent to Schoellkopf Field — where the lacrosse team practices — Gloria Abrams was hit by a lacrosse ball. The Abrams have filed suit two years after the incident.

It is unclear why Brian and Gloria Abrams were visiting the University at the time. In a phone call with The Sun, Andrew Siegel — the attorney representing Brian and Gloria Abrams — stated that the Abrams have a child attending Cornell.

As a result of this incident, Gloria Abrams [allegedly] “was caused to sustain serious injuries and to have suffered pain, shock and mental anguish.” ... Outside of that, Siegel could not clarify any additional details, saying that “this is of a too personal nature for the family.”
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: Swampy (---.m247.com)
Date: November 24, 2019 11:06PM

CDS
The suit, filed on Nov. 14 in the Supreme Court of the State of New York ....

The suit states that these damages exceed the jurisdictional limits of all lower courts.

Someone please correct me if I’m wrong, but I thought the Supreme Court in NYS is about as low as one can go for a suit like this.
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: scoop85 (---.hvc.res.rr.com)
Date: November 24, 2019 11:14PM

Swampy
CDS
The suit, filed on Nov. 14 in the Supreme Court of the State of New York ....

The suit states that these damages exceed the jurisdictional limits of all lower courts.

Someone please correct me if I’m wrong, but I thought the Supreme Court in NYS is about as low as one can go for a suit like this.

The NYS Supreme Court is the trial court in New York that handles a suit of this type. A lower court would be Ithaca City Court, which has a much lower financial threshold.
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: billhoward (---.nwrk.east.verizon.net)
Date: November 24, 2019 11:47PM

Unusual lawsuit. Long time from the alleged incident until it was filed. Claims of loss of consortium. Curious to see how this turns out.
Edited 1 time(s). Last edit at 11/24/2019 11:56PM by billhoward.
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: Beeeej (Moderator)
Date: November 25, 2019 07:30AM

billhoward
Unusual lawsuit. Long time from the alleged incident until it was filed. Claims of loss of consortium. Curious to see how this turns out.

To me it seems unusual because it's a little outside the scope of the usual "Assumption of Risk" doctrine - where a spectator to a sporting event or practice is assumed to understand the risk and takes on the appropriate legal responsibility for his/her own injuries resulting from reasonably foreseeable events. Standing outside the stadium might not be as obvious.

And two years isn't a long time. The statute of limitations is three in NY state for personal injury, and often it can take a long time for the effects of an injury to manifest themselves fully and in a way that is obvious enough to suggest that seeking recovery for expenses, etc. is an appropriate measure to take.

That said, I suspect the defense will be a simple one - we can't be expected to build walls around our stadiums so high that there is absolutely no risk of injury from errant balls, and standing near an athletics facility on a college campus is close enough to trigger Assumption of Risk - and a successful one. Unless of course Cornell (or more likely Cornell's insurer) settles, which it's certainly possible they will if they think it's worth the cost to avoid the risk of a verdict.

 
___________________________
Beeeej, Esq.

"Cornell isn't an organization. It's a loose affiliation of independent fiefdoms united by a common hockey team."
- Steve Worona
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: upprdeck (---.fs.cornell.edu)
Date: November 25, 2019 02:05PM

is it any different than getting hit driving by the golf course? random stuff happens
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: Trotsky (---.dc.dc.cox.net)
Date: November 25, 2019 02:07PM

There's gold in them thar endowments.

I'm amazed they aren't from L.I.
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: Robb (---.lightspeed.dybhfl.sbcglobal.net)
Date: November 25, 2019 02:57PM

Trotsky
There's gold in them thar endowments.

I'm amazed they aren't from L.I.
OC is pretty much the LI of CA.
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: Trotsky (---.dc.dc.cox.net)
Date: November 25, 2019 03:14PM

Robb
Trotsky
There's gold in them thar endowments.

I'm amazed they aren't from L.I.
OC is pretty much the LI of CA.
The Peninsula is giving it a run, too.
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: Swampy (---.ri.ri.cox.net)
Date: November 25, 2019 05:31PM

Question: If instead of being by Schoellkopf, where the team practices, the Abrams were near the dorms where a few students were tossing a lacrosse ball around, would the case be any different? How? Why?

Comment: If Cornell would get off its ass and build an indoor athletic facility for field sports, this would not have happened. How many balls from inside the Carrier Dome hit parents standing in the parking lot outside?

Question 2: If Cornell had signs up around the parking lot warning people to beware of lacrosse balls, would this affect liability?
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: billhoward (---.nwrk.east.verizon.net)
Date: November 25, 2019 05:50PM

As to question 2, there have been instances that "Beware of Dog" signs indicate the dog-owner's understanding the dog is violent. Has the opposite effect. "Dog on Premises" might have been a safer. Legally.

Remember where Cornell is the school where a spectator was hit by a puck and died. 1983? Making Cornell one the first to put up nets, which in hindsight was the right thing to do.
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: Jim Hyla (---.239.191.68.cl.cstel.com)
Date: November 25, 2019 06:37PM

Swampy
Question: If instead of being by Schoellkopf, where the team practices, the Abrams were near the dorms where a few students were tossing a lacrosse ball around, would the case be any different? How? Why?

Comment: If Cornell would get off its ass and build an indoor athletic facility for field sports, this would not have happened. How many balls from inside the Carrier Dome hit parents standing in the parking lot outside?

Question 2: If Cornell had signs up around the parking lot warning people to beware of lacrosse balls, would this affect liability?

Except a large percentage of the time the lacrosse team doesn't get to practice in the dome.

SU has another indoor 120 yard facility, the Ensley Athletic Center.

 
___________________________
"Cornell Fans Made the Timbers Tremble", Boston Globe, March/1970
Cornell lawyers stopped the candy throwing. Jan/2005
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: Roy 82 (128.18.241.---)
Date: November 25, 2019 06:39PM

billhoward
As to question 2, there have been instances that "Beware of Dog" signs indicate the dog-owner's understanding the dog is violent. Has the opposite effect. "Dog on Premises" might have been a safer. Legally.

Remember where Cornell is the school where a spectator was hit by a puck and died. 1983? Making Cornell one the first to put up nets, which in hindsight was the right thing to do.

Here at work they have signs on walkways that go beneath tall evergreens that say "Beware of Large Falling Pine Cones". I translate it to read "You can't actually use the info on this sign in any way other than to avoid this walkway and so we are just trying to reduce our liability. If we actually cared then we would put up nets or reroute the walkway.".

[www.reddit.com]
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: CU2007 (---.nyc.rr.com)
Date: November 25, 2019 07:00PM

Which parking lot was this? Other than the little lot by the entrance to the garage, seems really difficult to get hit with a ball.

Agreed with the above sentiment that this is likely a shameless money grab. Worst part is it’ll probably work.
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: Swampy (---.ri.ri.cox.net)
Date: November 25, 2019 09:02PM

Roy 82
billhoward
As to question 2, there have been instances that "Beware of Dog" signs indicate the dog-owner's understanding the dog is violent. Has the opposite effect. "Dog on Premises" might have been a safer. Legally.

Remember where Cornell is the school where a spectator was hit by a puck and died. 1983? Making Cornell one the first to put up nets, which in hindsight was the right thing to do.

Here at work they have signs on walkways that go beneath tall evergreens that say "Beware of Large Falling Pine Cones". I translate it to read "You can't actually use the info on this sign in any way other than to avoid this walkway and so we are just trying to reduce our liability. If we actually cared then we would put up nets or reroute the walkway.".

[www.reddit.com]

LIke, "Beware of alligators" at Disney World.
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: billhoward (---.nwrk.east.verizon.net)
Date: November 25, 2019 09:06PM

CU2007
Which parking lot was this? Other than the little lot by the entrance to the garage, seems really difficult to get hit with a ball.

Agreed with the above sentiment that this is likely a shameless money grab. Worst part is it’ll probably work.
There is a small parking area inside the gates near the lax locker room, room for maybe a half dozen cars, one might call it a parking lot. A lax ball thrown as a shot not pass would have reasonable velocity. It could skip off the turf, possibly break a nose, facial bone, maybe knock out teeth. The plaintiff's description puts the alleged injury in the worst light. The plaintiff's lawyer also uses "sustain" when it should be "suffer." I'd toss the case for bad grammar.
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: Beeeej (Moderator)
Date: November 25, 2019 09:41PM

Swampy
Question: If instead of being by Schoellkopf, where the team practices, the Abrams were near the dorms where a few students were tossing a lacrosse ball around, would the case be any different? How? Why?

Comment: If Cornell would get off its ass and build an indoor athletic facility for field sports, this would not have happened. How many balls from inside the Carrier Dome hit parents standing in the parking lot outside?

Question 2: If Cornell had signs up around the parking lot warning people to beware of lacrosse balls, would this affect liability?

Congratulations, you're a law professor.

 
___________________________
Beeeej, Esq.

"Cornell isn't an organization. It's a loose affiliation of independent fiefdoms united by a common hockey team."
- Steve Worona
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: ugarte (---.dyn.optonline.net)
Date: November 25, 2019 10:01PM

going to be a lot cheaper to settle this case than to build a goddamn indoor practice facility

 
___________________________
Jokes and stuff
Hostile Witness podcast
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: billhoward (---.nwrk.east.verizon.net)
Date: November 25, 2019 10:01PM

Jeff Teat should be severed immediately from the suit. He hasn't been open since freshman year.
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: billhoward (---.nwrk.east.verizon.net)
Date: November 25, 2019 10:02PM

ugarte
going to be a lot cheaper to settle this case than to build a goddamn indoor practice facility
Mexico's going to pay for it.
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: upprdeck (38.77.26.---)
Date: November 26, 2019 07:13AM

it would also seem that to get into that lot you have to walk directly towards the field and thus likely notice the 50 guys running around with sticks and balls.

if you are walking around a quad and get hit with a random frisbie is Cornell libel for that too?

Having sat in the Upson lot enough to see baseballs carry the fence and bounce off Rhodes and Upson I would think there is a random chance someone walking down those sidewalks might get hit as well some day is this any different than that?

But then i watched a girl walk behind a Semi trying to back into the Upson lot yesterday and almost get run over, she never even noticed the big truck miss her by a ft or 2 and he never saw her as he was trying to jack knife a way too big truck into a poorly designed lot. Wonder what that liability that would have been Cornell/truck/parking planner/architect?
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: marty (---.sub-174-220-19.myvzw.com)
Date: November 26, 2019 07:42AM

Beeeej
Swampy
Question: If instead of being by Schoellkopf, where the team practices, the Abrams were near the dorms where a few students were tossing a lacrosse ball around, would the case be any different? How? Why?

Comment: If Cornell would get off its ass and build an indoor athletic facility for field sports, this would not have happened. How many balls from inside the Carrier Dome hit parents standing in the parking lot outside?

Question 2: If Cornell had signs up around the parking lot warning people to beware of lacrosse balls, would this affect liability?

Congratulations, you're a law professor.

And if you attempt to answer them you're an ersatz L1.
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: mike1960 (---.146.119.74.wiredns.net)
Date: February 24, 2020 11:10PM

Anyone know how this was resolved, if it was? I can't find anything on the internets.
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: David Harding (---.hsd1.il.comcast.net)
Date: February 24, 2020 11:31PM

mike1960
Anyone know how this was resolved, if it was? I can't find anything on the internets.
You must be kidding! The suit was only filed three months ago.
If you want follow along at home, the case is EF2019-0706 - Tompkins County Supreme Court
You can look it up at [iapps.courts.state.ny.us] where the complaint and Cornell's response are filed.
 
Re: Lax lawsuit - visiting parent hit by ball
Posted by: mike1960 (---.146.119.74.wiredns.net)
Date: February 24, 2020 11:39PM

David Harding
mike1960
Anyone know how this was resolved, if it was? I can't find anything on the internets.
You must be kidding! The suit was only filed three months ago.
If you want follow along at home, the case is EF2019-0706 - Tompkins County Supreme Court
You can look it up at [iapps.courts.state.ny.us] where the complaint and Cornell's response are filed.

Thanks, David!
 

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