McKichan v. St. Louis Hockey Club, L.P. was a personal injury case filed on March 17, 1998, in which the plaintiff claimed that the defendant club should be held vicariously liable for their employee’s actions that caused the plaintiff’s injury. The injury in question occurred in Peoria, Illinois during an IHL game on December 15, 1990 between the Peoria Rivermen and the Milwaukee Admirals. While the St. Louis Hockey Club technically wasn’t playing in the game, they can be held liable for the injury, as the Peoria Rivermen are a subsidiary of the club. During the third period of said game, the defendant, Stephen McKichan, a goalie for the Admirals, was both injured and rend unconscious by a body-check from a Peoria player. This body-check occurred after play was stopped due to the hockey puck floating out-of-bounds. Also, the defendant player ‘s body-check had occurred after the referee had blown his whistle twice to signal the play stoppage. After the injury, the defendant’s player received a game misconduct and a suspension. The player would also go on to settle with the plaintiff out of court. In the district court trial, the jury sided with the plaintiff and ruled that the St. Louis Hockey Club was vicariously liable for the plaintiff’s injuries. The trial court agreed with the plaintiff’s argument that as per the doctrine of respondeat superior, the defendant was liable for their employee’s negligent actions that led to the plaintiff’s injuries. As part of their
The appeals court based it’s the case Nabozny v. Barnhill (1975), 31 Ill.App.3d 212, 334 N.E.2d 258. In this case, the court decided that a player can be held liable for his actions if they were deliberate, willful or a reckless disregard for the safety of the other player so as to cause injury to that player. However in this incident, that is not the case because it cannot be proven that Mr. Robertion deliberately or willfully hit Mr. Savino with the puck nor can it be proven that Mr. Robertson was reckless in his
Good post! In regards to Respondent Superior, it brings to mind the case of D.D.N Versus Face, where a young lady was sexually assaulted by an employee of Festivals and Concert Events, Inc. The young lady was sexually assaulted at the festival. The victim asserted claims against FACE for negligent hiring, negligent supervision, negligent retention, respondent superior, negligent infliction of emotional distress, and landowner's negligence. The courts found that there was sufficient evidence that she was sexually assaulted and the company was $750,000.
The case involved construction defect case against a construction company, Pacific Trades. Appellant Underwriters undertook Pacific Trades’ defense in the action under the terms of its general liability insurance policy. Appellee ProBuilders, also an insurer of Pacific Trades, denied defense on the basis that under the terms of its policy, it had no duty to defend when another insurer provided defense.
Players who participate in athletics consent and assume risk if injury occurs as an aspect of the game. Thus, players who take part in such a dangerous sport as hockey accept the dangers that inhere in it so far as they are obvious and necessary (People v. Schacker). However, if the dangers inherent in the sport were obscure or unobserved or so serious as to justify the belief that precautions of some kind must have been taken to avert them. People engaged in athletic competition are generally held to have legally assumed the risk of injuries, which are known, apparent and reasonably foreseeable consequences of participation. A complainant does not assume the risk of reckless or intentional conduct. Injuries must be so severe as to be
The Blues were one of the six teams added to the NHL in the 1967 expansion, along with the Minnesota North Stars, Los Angeles Kings, Philadelphia Flyers, Pittsburgh Penguins and California Seals.
An issue arises as to whether the act was calculated to cause harm to the plaintiff. Although the defendant may not
You’ll be sorry you asked, but here's my understanding of what went down re: Ilya Kovalchuk.
There are two tort actions found in the first scenario. The first tort action is Ruben for pushing Daniel and knocking out two of his teeth. The second tort action is owner of the ball field for poor maintenance and improper weight restriction limits on the railings of the stands. The potential plaintiffs in this case are the injured fan, Malik and Daniel. The stadium owners would be potential defendants in cases brought on by the fan injured from the football, by Malik for the faulty railing, and by Daniel for the diabetic coma (University of Phoenix, 2011). Daniel could be a potential defendant for assaulting Malik after spilling the beer on Daniel’s son. Daniel’s
Survey evidence is well suited to shedding light on the resemblance between two marks, or lack thereof, if this is not already evident on the face of the marks. In such situations a word association test may be helpful, but requires proper context and controls in the design of the questionnaire. For example, the applicant for the trademark NORDIC in association with tires presented a survey on the issue of resemblance in an appeal of a decision rendered by the Trademarks Opposition Board, in Canadian Tire Corp. v. Accessoires d'autos Nordiques Inc. The latter Quebec-based retailer had opposed the registration of NORDIC in association with tires, on the grounds that it was too similar to the sound and idea suggested by its own mark, NORDIQUES used in association with auto-parts in Quebec.
The plaintiff Mr. Goudreau has been mandated by the defendants Gisèle Couture et Michel Poulin to perform some renovations in their house. Goudreau works under a licensed contractor, Mr. Paré. A contract is signed between Mr. Paré, M. Goudreau and the defendants. The defendants are to buy the materials needed according to Mr. Paré’s evaluation. Later on, the defendants ask that a retractable staircase, previously installed by Mr. Paré and one of his employees, be moved. As Goudreau takes care of the task, a movement of a tension bar injures his eye through his security glasses. His eye suffers from permanent after-effects. Mr. Goudreau sues the defendants as he judges them responsible for the incident.
Leatzow has provided testimony in 10 of 11 Federal District Courts, he has been retained as an expert in over 400 cases, he has not authored any publications in the last ten years and he is being compensated at a rate of $350 an hour. (P.O. NEED LIST of all cases where JL acted an and expert at trial/or deposition). Based upon a reasonable degree of an insurance agency certainty, his knowledge training, Mr. Leatzow is expected to testify regarding the standard of care State Auto owed its client Paul Johnson. State Auto’s duty of good faith and fair dealing regarding the inadequate investigation and reasonable adjusting and deficient handling of the subject fire claim. Bad faith pursuant to Minnesota Statute 604.18 and the reasonability of State Auto’s actions and inactions in this case. Mr. Leatzow is also expected to opine on the accepted standard and procedures used in claim handling. Mr. Leatzow is expected to testify consistent with and in supplementation to the facts and opinions set forth in his report dated April 30, 2017, a copy of which is attached hereto as Exhibit
Once you have decided how you think the tournament should run you will need to prepare a presentation to the PE department which outlines your plan for the hockey tournament.
The common law doctrine of “respondeat superior” or “let the master answer” is set up in the seventeenth-century England. The theory behind this doctrine is that one employers could protect the public from wrongful acts better by controlling their its employees’ behaviors and compensating damages caused by their its employees. Consequently, the employers may be liable for unlawful actions of employees committed within the course of their employment. For instance, if one delivery driver negligently causescaused the crash while on duty, liability could be extended to his employer. However, if this driver drovedrives out to a bar for having fun with his friends and hit the pedestrian, the employer may would not hold responsibility because the employee uses the car for personal reasons and outside the scope of employment.