1 hour ago, Hearsay said:

The Plaintiff's Bar on "The Kentucky Trial Court Review" Facebook page is not being kind about the case.  That's not a real good sign for 'ol Fred.

Here is what they had to say:

Famed WLKY sports journalist, Fred Cowgill (Hello Everybody!) was injured as a sideline reporter at a Trinity High School football game last year when struck by football players during a play.

He's sued the school and alleged negligence by it in failing to protect him on the sideline.

The case has drawn lots of attention this week with many cries that it is frivolous.

It strikes me as pretty weak, but not necessarily frivolous.

Why weak? You stand on the sideline of a high school football game . . .you might be get run over. Everyone knows that.

What do you think? The complaint (filed by Gregory Joyner) is at the link.

http://juryverdicts.net/Fred.PDF?fbclid=IwAR2Rz5z4SdBLl2yt556eG904w3LbpAxrJvmxxx4ZEmuft1IUMSriKO28R84

Weak sauce in my opinion.  This part of the complaint made me chuckle just a bit:

11. The caliber of play and the athleticism of the players at THS is significantly higher than that of most high schools on the local, state and even national levels. THS has won 27 state football championships in Kentucky and plays at the “6A” level (District 5), which is the highest level in Kentucky’s classification of schools. 

13. Despite its knowledge of the skills, speed, power and athleticism of its players and that of its opponents, THS failed to make its premises safe for the plaintiff for the purpose(s) of his visit. 

The sad part about all this lawsuit, which in my humble opinion is frivolous, is that schools will now start to really limit access and restrict what can be done to cover these types of sporting events.  There is not a reporter or camera man out there that doesn't know the risk when they take to the sidelines, but now these schools will start to cover their own butts and not let people cover games from the sidelines.  

I’m worried schools will take the side of media since they get publicity. So they will ban basically everyone but media from the sideline and just make them signs wavier.

 

I see a lot schools now building fences around the entire track so now people watching the football game can’t even walk around the track to watch the game anymore.  Fan experience is getting worse and worse in my opinion at a lot of schools and I think this stupid lawsuit will only make it worse.

 

1 hour ago, Killowatt59 said:

I’m worried schools will take the side of media since they get publicity. So they will ban basically everyone but media from the sideline and just make them signs wavier.

 

I see a lot schools now building fences around the entire track so now people watching the football game can’t even walk around the track to watch the game anymore.  Fan experience is getting worse and worse in my opinion at a lot of schools and I think this stupid lawsuit will only make it worse.

 

There are a lot of people on many sidelines that have no business being there. In general, if you’re not on the team, coaching staff, or support staff you shouldn’t be on the sidelines. Bleachers are made for a reason. 

9 hours ago, gchs_uk9 said:

I believe you could have a full roster but the sidelines were still extended further down that normal.

The 10 yard to 10 yard line thing was for sure and it appears will be the norm now. For a very large amount of the state having 80+ on the sideline isn’t an issue. It was just how Tackett phrased it during the rules clinic that made it appear it might of been still in effect. 

3 minutes ago, TheDeuce said:

There are a lot of people on many sidelines that have no business being there. In general, if you’re not on the team, coaching staff, or support staff you shouldn’t be on the sidelines. Bleachers are made for a reason. 

But who says?  Who gets to choose who has “business” and no business on the sidelines?

The school gets to decide. 

7 minutes ago, Killowatt59 said:

But who says?  Who gets to choose who has “business” and no business on the sidelines?

The individual schools, and/or the head coaches I’d say. There are a lot of people who feel entitled to be on the sideline for whatever reason. Most of them, IMO, don’t need to be there. 

1 minute ago, TheDeuce said:

The individual schools, and/or the head coaches I’d say. There are a lot of people who feel entitled to be on the sideline for whatever reason. Most of them, IMO, don’t need to be there. 

That’s my point. The individual schools get to decide not sports media people.

2 minutes ago, Killowatt59 said:

That’s my point. The individual schools get to decide not sports media people.

I think many schools will take this opportunity to clean up their sidelines. The fact that it was a media member only affects this because it was a well known person suing a well known school. 

Any of the random people on a sideline could get injured and sue a school just like this. Why would schools continue to allow that? 

42 minutes ago, TheDeuce said:

I think many schools will take this opportunity to clean up their sidelines. The fact that it was a media member only affects this because it was a well known person suing a well known school. 

Any of the random people on a sideline could get injured and sue a school just like this. Why would schools continue to allow that? 

I would be a good idea for schools to look into sidelines management.  Lots of potential liability issues there. 

I know you commented on requiring waivers early in this thread.  The problem with waivers is that "negligence can not be waived".  This is why suits are always focused on negligence.  This is why liability insurance is so important for venues, coaches, etc.  even if people sign waivers.  As someone told me one time - "the waiver is only there to make you think for a few minutes before suing me." 

To get on the sidelines at Transylvania University I had to sign a form that was not only a waiver but also confirming that I had a very high liability insurance policy in place (which I do) to be able to do photography on the sidelines.  That was in case I was held liable for causing an injury while on the sidelines.  Interestingly, they did not ask if I had medical insurance for myself.  

The following scenario show why you really should have high liability insurance if you are on the sidelines.   Lets say a referee trips over a person with no real reason to be on the sideline and is badly injured.  If the referee or their insurance company decides to sue - who will they go after?  It is likely one of the parties will be the person who was on the sidelines with no real business being there. 

Also, we did have to file a claim with the Catholic school system when my wife suffered a Jones fracture from a low manhole in a just-paved parking lot.  They agreed to pay up to certain amount.  But the medical bills did exceed the stated amount.  They still covered the total when done without issue.  So I think if he had just gone for medical bills through Trinity's insurance it may have covered the bills without the fan-fare. 

 

 

 

 

I just don’t understand why someone who spent years on the sidelines would sue a school like that.  If anyone would know the inherent risks on standing on the sidelines, he would. Additionally, I would think he would have a love of the game and it’s players.  Doesn’t make sense.

Guy trying to secure an early retirement to keep working on his golf game. 

Media were made to sign waivers at St. X tonight.