In the fall of 2000, 13-year-old Andrew W. Koffman began his first season of organized football by joining his middle school's football team.
law
Description
Review
the following court case and respond to the inquiries posted accordingly:
Koffman
v. Garnett, The Supreme Court of Virginia, 574 S.E. 2d. 258
·
In the fall of 2000, 13-year-old Andrew W. Koffman began
his first season of organized football by joining his middle school's football
team. Andy was a third-string defensive player on his team, which had just lost
its first game. James Garnett, the assistant football coach, was responsible
for the supervision, training, and instruction of the defensive players.
·
Following the loss, Garnett was upset with his players for their
inadequate tackling. His displeasure with their tackling intensified at the
next practice. During that practice, Garnett ordered Koffman to hold a football
and to "stand upright and motionless" so that Garnett could
demonstrate the proper tackling technique to the other defensive players. Then,
without any warning, the 260-pound coach wrapped his arms around Koffman's 144-pound
body, lifted him more than two feet and slammed him into the ground. The impact
of the tackle broke Koffman's humerus bone in his left arm. This was the first
time at the middle school that any coach has used physical force to instruct
players on the techniques of football.
·
Andy's parents filed a civil suit against Garnett on behalf of
their son in order to recover damages for his injury. The action alleged the
torts of negligence, assault, and battery. Garnett filed a motion to dismiss
for failure to state causes of action for gross negligence, assault, and
battery.
Please respond
accordingly to each of the below questions:
1) Who do you think
should be held liable for this incident? Please be specific.
2) Could
this incident have been avoided? If so, how?
3) If
you were the plaintiff’s attorney, how would you defend your client? Please
utilize legal terminology acquired from this course to effectively represent
your client.
4) If
you were the defendant’s attorney, how would you defend your
client? Please utilize legal defenses and terminology acquired from this
course to effectively represent your client.
