Lax lawsuit - visiting parent hit by ball

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.”

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.

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.

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

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.

is it any different than getting hit driving by the golf course? random stuff happens

There's gold in them thar endowments.

I'm amazed they aren't from L.I.

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.

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.

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?

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.

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.

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]

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.

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.

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.

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.

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

Jeff Teat should be severed immediately from the suit. He hasn't been open since freshman year.

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.

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?

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.

Anyone know how this was resolved, if it was? I can't find anything on the internets.

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.

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!