Case 2.1

Averill, Jr. v. Luttrell.

1. State the names of the plaintiff and defendant, the volume number, page number and name of the reporter, and the court that decided the case.

2. Describe the facts of the case.

3. What was the cause of action?

4. What was the court's disposition of the case?

5. Was there any previous animosity or bad feelings between Averill and Luttrell?

6. According to the court, was Averill's act foreseeable or a part of the ordinary risks involved in baseball?

7. According to the court, was Averill's act of striking Luttrell within the scope of his duties? If so, under what legal doctrine would the defendant baseball club be held liable?

8. According to the court's decision, what was the general rule pertaining to the liability of the baseball club for the acts of one of its players?

9. What risk management implications does this case have regarding event management?

Case 2.3

Benjamin v. State

1. State the names of the plaintiff and defendant, the volume number, page number and name of the reporter, and the court that decided the case.

2. Describe the facts of the case.

3. What was the cause of action?

4. What was the court's disposition of the case?

5. Describe the fencing in the arena.

6. What was the duty of the university to spectators at their sports facilities? Does the spectator have any responsibilities?

7. Why didthecourtconcludetherewasnocontributorynegligenceonthepartofthe plaintiff? Do you think the court's decision would have been different had Thomas Benjamin been of majority age? Explain.

8. Wouldthecourt'sdecisionhavebeendifferentiftheseathadbeenbehindprotective screening? Why or why not?

9. As a facility manager of a sports venue, what steps could you take to avoid this type of litigation?

Case 2.6

DeMauro v. Tusculum College, Inc.

1. State the names of the plaintiff and defendant, the volume number, page number and name of the reporter, and the court that decided the case.

2. Describe the facts of the case.

3. What was the cause of action?

4. What was the court's disposition of the case?

5. What college course was the plaintiff taking when she was injured?

6. Had the plaintiff ever played golf prior to taking this course?

7. Who was the senior assistant in charge of the class on the day that the plaintiff was injured, and what were his qualifications?

8. The court reasoned that negligence could have been found based on the breach of two duties by the defendant. Name these duties.

9. Does the fact that one student participant injured another in the instructional activity relieve the defendant college of liability? Explain.

10. Where does the court suggest finding standards in a case such as this?

11. What qualifications do you think would be necessary for an expert witness who would be involved in a case such as this?