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Stafon Johnson v. University of Southern...

On January 24, 2011, former University of Southern California runningback Stafon Johnson filed a Complaint against the University of Southern California and USC football’s assistant strength and conditioning coach Jamie Yanchar for damages based on negligence. The incident that is the subject of the action is widely known by sports fans.  It occurred in September 2009 when Johnson was performing reps of 275 pounds on a benchpress in a USC weight room.  Johnson claims that he was working out under the supervision of Jamie Yanchar, one of the named Defendants....
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Holding Football Helmet Companies Accoun...

Yesterday, John Carlson of the Seattle Seahawks was carted off of the field of play in his team’s NFC Divisional Playoff game against the Chicago Bears.  Carlson suffered an injury after he landed on his head near the sideline.  As discussed last month, there are enormous dangers and damaging health effects of from head injuries.  The NFL may have set itself up for a fall in a future lawsuit concerning its failure to warn its athletes about the ramifications of concussions.  Might football players also have a cause of action against the helmet providers? Jon...
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Duty To Instruct How To Properly Eat An ...

I am not a huge fan of artichokes.  Eating them takes too much effort, and I am not very impressed by their taste.  However, I do know how to eat one, and I would expect that if someone asked me to serve him an artichoke, he would also know how to eat one properly, or at least ask for help if he had any questions. Everyone is a potential litigant.  That is why there are warning labels on just about everything.  Sometimes we laugh at those labels and late night hosts often crack jokes about them, but they often are effective in preventing litigation or at least serve as...
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A Negligent Act By A 4-Year-Old Riding a...

Anyone who has taken 1L Torts class is not surprised that a 4-year-old can be sued in a court of law.  In fact, anyone versed in the law might not be shocked and appalled should a 4-year-old be found guilty in a tort action.  How could one forget the case of Garratt v. Dailey, where young Brian Daley (age five years, nine months) could have deliberately pulled out a wood and canvas lawn chair from under an adult as she started to sit.  If he had realized that to a substantial certainty, the contact or apprehension would result, young Brian would have the intention...