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Old 01-16-2014, 08:31 AM   #1
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Default A Little League coach is suing his own player for over $500,000

http://ftw.usatoday.com/2014/01/a-li...r-over-500000/

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A California Little League coach is suing one of his own 14-year-old players for unintentionally hitting him with a thrown helmet, according to KCRA 3 in Sacramento.
The coach, Alan Beck, claims that the player’s carelessness led to the helmet hitting him in his Achilles tendon and tearing it, and wants over $500,000 for his pain, lost wages and medical bills.
The player’s father, Joe Paris, says his son threw his helmet into the air while crossing home plate with the game-winning run — which happens practically every time there’s a walk-off hit and doesn’t seem anywhere close to reasonable grounds for a lawsuit.
WTF is wrong with out society?

http://www.kcra.com/news/local-news/...z/-/index.html
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Old 01-16-2014, 08:44 AM   #2
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Default Re: A Little League coach is suing his own player for over $500,000

throwing your helmet should never occur. if the kid followed rules he wouldnt be getting sued. it is easy to mock someone when you arent suffering lost wages and physical-emotional trauma.



sincerely..attorney for the plaintiff
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Old 01-16-2014, 09:09 AM   #3
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Default Re: A Little League coach is suing his own player for over $500,000

It's negligence unfortunately, and the parents are responsible. Throwing helmets and bats in an emotional outburst are not supposed to be part of the game. So many have done it that it has become accepted, but that doesn't make it right. I can see him winning his medical expenses but I don't know about all that pain and suffering money. That part does seem ridiculous to me. They just always go for that, because you never know.
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Old 01-16-2014, 10:29 AM   #4
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Default Re: A Little League coach is suing his own player for over $500,000

There probably was a lawyer sitting in the stands. Lawyer gets a percentage, so they are going for big dollars so that the coach agrees. In the meantime, the agreement that they signed probably lets the lawyer recoup office expenses at an inflated rate while this goes on. They probably will settle for much less, and the lawyer will get a good bit and the coach will wonder what the hell happened to all of that money.
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Old 01-16-2014, 10:30 AM   #5
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Default Re: A Little League coach is suing his own player for over $500,000

Probably had to do it to get insurance coverage from whatever little league insurance policy there was.
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Old 01-16-2014, 10:40 AM   #6
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Default Re: A Little League coach is suing his own player for over $500,000

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Originally Posted by ReadR00ster View Post
It's negligence unfortunately, and the parents are responsible. Throwing helmets and bats in an emotional outburst are not supposed to be part of the game. So many have done it that it has become accepted, but that doesn't make it right. I can see him winning his medical expenses but I don't know about all that pain and suffering money. That part does seem ridiculous to me. They just always go for that, because you never know.
The first part of negligence is duty. Please, explain to us what the duty was. Because without a duty, there is no breach of duty. Without breach, no causation - no negligence.

Also, parents are not vicariously liable for their child's act unless they know their child has a propensity to act in a certain manner (i.e. has acted like that before). If anyone is liable (no one is), it's the child.
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Old 01-16-2014, 10:44 AM   #7
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Default Re: A Little League coach is suing his own player for over $500,000

Emotions should not be allowed in life
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Old 01-16-2014, 10:46 AM   #8
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Default Re: A Little League coach is suing his own player for over $500,000

Whatever law attorney that takes this case should be flogged!
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Old 01-16-2014, 10:47 AM   #9
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Default Re: A Little League coach is suing his own player for over $500,000

Quote:
Originally Posted by Sir Cuss View Post
The first part of negligence is duty. Please, explain to us what the duty was. Because without a duty, there is no breach of duty. Without breach, no causation - no negligence.

Also, parents are not vicariously liable for their child's act unless they know their child has a propensity to act in a certain manner (i.e. has acted like that before). If anyone is liable (no one is), it's the child.

All that depends on California law. If there is anyplace that a kid can get their undeveloped gonads sued off, it's there.
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Old 01-16-2014, 10:52 AM   #10
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Default Re: A Little League coach is suing his own player for over $500,000

Though negligence is based in state law, the common-law elements of negligence are generally the same in each state.

I just looked up the CA rule, and, as long as the parent was not negligent in supervising the child (which includes knowledge of the propensity to act in a certain way), the parents will not be held vicariously liable for the child's acts. (Ellis v. D'Angelo).
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Old 01-16-2014, 10:53 AM   #11
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Default Re: A Little League coach is suing his own player for over $500,000

Quote:
Originally Posted by Sir Cuss View Post
The first part of negligence is duty. Please, explain to us what the duty was. Because without a duty, there is no breach of duty. Without breach, no causation - no negligence.

Also, parents are not vicariously liable for their child's act unless they know their child has a propensity to act in a certain manner (i.e. has acted like that before). If anyone is liable (no one is), it's the child.
Sure there's a duty. Everyone has a duty to act like a reasonable person. A reasonable person wouldn't throw their helmet in the air in a direction that could hit anyone.

Like I said earlier, this is likely more about getting insurance coverage than it is suing the kid and trying to get his parents to pay anything.
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Old 01-16-2014, 10:55 AM   #12
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Default Re: A Little League coach is suing his own player for over $500,000

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Emotions should not be allowed in life

I agree
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Old 01-16-2014, 10:56 AM   #13
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Default Re: A Little League coach is suing his own player for over $500,000

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Originally Posted by 803scdantes View Post
Sure there's a duty. Everyone has a duty to act like a reasonable person. A reasonable person wouldn't throw their helmet in the air in a direction that could hit anyone.
That's a good point. And that is the only case they will have. The problem is that a reasonable person in that situation (walk-off home run) likely would have celebrated in the same manner.
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Old 01-16-2014, 11:28 AM   #14
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Default Re: A Little League coach is suing his own player for over $500,000

Why is it the parents negligence seems to me once the kid is on the field the coach is the person that has responsibility. Seems like negligence on the coaches part for his kids not acting with class
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Old 01-16-2014, 11:37 AM   #15
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Default Re: A Little League coach is suing his own player for over $500,000

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Originally Posted by Sir Cuss View Post
That's a good point. And that is the only case they will have. The problem is that a reasonable person in that situation (walk-off home run) likely would have celebrated in the same manner.
There's always the argument that most people's celebrations don't end with the helmet hitting a coach, therefore, reasonable people mostly celebrate by at least looking where they're throwing the helmet. In any event, the fact that we can both come up with reasons for and against whether there's a duty pretty much means it won't get dismissed on the duty argument alone.

The case would more likely get dismissed under the "assumption of risk" argument.
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Old 01-16-2014, 11:42 AM   #16
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Default Re: A Little League coach is suing his own player for over $500,000

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Why is it the parents negligence seems to me once the kid is on the field the coach is the person that has responsibility. Seems like negligence on the coaches part for his kids not acting with class
Hahaha - I was about to post something similar!


I'm still trying to figure out how a helmet tossed into the air managed to tear this coaches achilles.......
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Old 01-16-2014, 11:49 AM   #17
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Default Re: A Little League coach is suing his own player for over $500,000

A coaches responsibility includes teaching his or her players how to behave on the field of play. It would seem to me that all the defendant's attorney would have to do is prove that a similar situation had happened at some point in the season and that the coach took no corrective action. Therefore the breach of duty was committed by the coach and not the minor player.
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Old 01-16-2014, 11:53 AM   #18
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Default Re: A Little League coach is suing his own player for over $500,000

This is California...their laws about what you can sue for are forcing some companies to abandon doing business there...a consumer can use a product, not follow directions, not use long enough, etc and still sue you...then when that suit works another one comes and sues you for the same thing. It's a terrible state to do business in.
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Old 01-16-2014, 12:04 PM   #19
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Default Re: A Little League coach is suing his own player for over $500,000

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Originally Posted by 92Pony View Post


I'm still trying to figure out how a helmet tossed into the air managed to tear this coaches achilles.......

He was probably on the third base line on his knees flipping off the other team while yelling "Eat it, you little bastards."
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Old 01-16-2014, 12:10 PM   #20
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Default Re: A Little League coach is suing his own player for over $500,000

I have coached Little League baseball and I always taught them not to throw there batting helmets. That being said, I would never sue a parent for a child's careless act. I'm sure it was not on purpose and leagues have to have insurance to cover freak accidents.
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