Lax lawsuit - visiting parent hit by ball

[billhoward]

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. https://cornellsun.com/2019/11/24/cornell-lacrosse-head-coach-peter-milliman-named-in-lawsuit-for-negligence/

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."

[Swampy]

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.

[scoop85]

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.

[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.

[Beeeej]

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.

[upprdeck]

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

[Trotsky]

There's gold in them thar endowments.

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

[Robb]

There's gold in them thar endowments.

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

OC is pretty much the LI of CA.

[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.

[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?

[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.

[Jim Hyla]

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.

[Roy 82]

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.".

https://www.reddit.com/r/mildlyinteresting/comments/buzu0f/this_sign_warning_of_pine_cones/

[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.

[Swampy]

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.".

https://www.reddit.com/r/mildlyinteresting/comments/buzu0f/this_sign_warning_of_pine_cones/

LIke, "Beware of alligators" at Disney World.