Bud Kilmer is a legendary high school football coach in West Canaan, Texas that wants to win another football district championship at all costs. Coach Kilmer$$s star quarterback, Lance Harbor, has verbally committed to the University of Florida.

Lance Harbor has a full scholarship offer from the University of Florida and is considered a five$-$star recruit. Lance has been suffering from aggravating knee pain during practices and games for the last month but has continued to play through the pain. Coach Kilmer has told Lance not to say much about the pain and play through it because the University of Florida recruiters may rescind his scholarship if they find out he is injured. During the first half of the district championship game, Lance takes a hit to his knee and has to be helped off the field. A team doctor at the game informs Coach Kilmer that Lance has a serious knee sprain and could play with the pain in the second half, but is at a much greater risk for a serious knee injury if Lance is hit in the knee again. Lance is unaware that this conversation between Coach Kilmer and the team doctor has taken place.

Coach Kilmer has little confidence in his backup quarterback, Jonathan Moxon, and goes to Lance during halftime telling Lance, $$I spoke to the doctor, and it is just a minor sprain of your knee. He can give you a cortisone shot that will take the pain away and you can play in the second half without any issues and we can win this championship!$$ Lance quickly asks the coach, $$Coach$,$ are you sure?$$ Coach Kilmer says, $$I$$m positive, Lance. I$$ve coached for $20$ years, and I$$ve had numerous players in this situation who went back out and won! This is your chance to be a legend this town will never forget, and every time you go out on the field you risk injury. This is no different than all of those other times. Florida$$s Head Coach is in attendance tonight... think about how excited he will be to see you back on the field!$$ Lance decides to take the cortisone shot and the team doctor gives it to Lance. In the second half, Lance gets hit in his knee on a sack and suffers a torn ACL and MCL$.$ The injury is so severe that the surgeon tells Lance and his family that Lance will likely never be able to play college football at Florida and that the scar tissue built up on his knee $($from previous trauma prior to the last hit on his knee$)$ was the worst he has ever seen from a high school quarterback in his $35$ years as a surgeon. Additionally, the surgeon further says that under no circumstances should Lance have been playing football with his knee in that condition even prior to the last bad tackle Lance suffered. Upon Florida hearing this news, Lance$$s full athletic scholarship to Florida is rescinded.

Lance and his family are devastated by this news and want to bring a lawsuit. Lance$$s parents remember signing a waiver of liability regarding Lance$$s participation in football with the high school at the beginning of each season. Based upon your knowledge of our readings and discussions in this class, answer the following questions:

$1.$ What is the legal cause of action in this case $$ explain this cause of action? $(2$ points$)$

$2.$ Analyze each element of the cause of action in this case. Who$($m$)$ can Lance and his family potentially sue in this case? $(3$ points$)$

$3.$ What legal defenses are present in this case that could eliminate or limit the defendant$($s$)$ liability in this hypothetical? $(3$ points$)$

$4.$ Does the waiver of liability that Lance$$s parents signed prevent them from bringing a lawsuit? What legal cause of actions are barred by this waiver of liability? Are there any legal causes of actions not barred by this waiver? WHY OR WHY NOT $(3$ points$)$

$5.$ Given what we have discussed in this case, do you think Lance and his parents can successfully win this lawsuit? WHY OR WHY NOT $($Either way you answer this question can receive full points, but it must tie in the legal concepts discussed in class. Attorneys on both sides would be arguing different ways.$)(4$ points$)$