Question

In: Operations Management

You are a new associate at the law firm of Dewey, Cheatum, and Howe, a high...

You are a new associate at the law firm of Dewey, Cheatum, and Howe, a high powered law firm in the State of Maryland. On your first day, your boss comes in to discuss the firms newest client with you. Her name is Ellen Green, the parent of Sammy Green, age 11. Ellen is a single mother, but her ex-husband, Joe, shares custody of and has visitation with Sammy on alternate weekends.

Sammy played soccer for a recreational team located in Columbia, MD, the Eagles, which were coached by Ken Russell. Sammy was incurred during a regularly scheduled Saturday afternoon game against the Vultures, another recreational team. The Vultures were coached by Leonard Smith. The game was referred by Jim James. Both teams are part of a league run by the nationally recognized "Soccer Comes First, Inc" company, who's offices are located in New York, NY. The games were played on fields owned by the organization in the state of Maryland. All coaches and referees are employees of the organization. Ellen was not present for the game as it was a weekend when Joe had Visitation.

The league has rules for the conduct of games. One rule gives the referee the authority to decide whether a game should be cancelled for weather conditions. It had rained and sleeted steadily on the day of the game and several parents of players from both teams asked James to cancel the game. Neither of the coaches nor Joe Green expressed any objections to playing the game. This was the last game of the season and would decide who would be in first place. James did not postpone the game, although a referee for an earlier game on the same field had canceled a game between two other teams in the same league.

The two teams were evenly matched, and the game was a close one. In the second half, there were two incidents were the players slipped and fell on a wet and icy patch of ground near the Vultures' goal. One player was not hurt, the other twisted his ankle. In the last minute of the game, Sammy slipped and fell in the same area. Before he could get up, Andy Olsen, a player for the Vultures, also fell and slid into Sammy, kicking him in the head. Sammy suffered a severe injury to his skull and upper spine which required extensive surgery and rehabilitation.

Ms. Green would like for the firm to look at the following issues:

1. Who, if anyone, can be sued, for what, and how could these claims be proven?

2. Is the fact that Ellen owns 10% of "Soccer Comes First, Inc" matter in any way?

The senior partner reminds you that Ms. Green is a very particular individual and expects the firm to provide support for their recommendations.

Solutions

Expert Solution

Answer 1= The given case is a typical example of Duty of care that indicates that everyone has the duty or responsibility of ensuring that no act of his or her results in the injury to the other individuals directly and indirectly.

In the given case, Sammy can sue both the referee Jim James and the Soccer Comes First, Inc . This is due to the fact that the ground on which the game had to be played was slippery and wet and this indicates that there are most likely the chances of the injuries to the players. Looking at this, it is an obvious decision to cancel the game to ensure the safety of the players and in fact, the request was also made to Jim James. which was turned down by him. This is a case of duty of care on part of Jim James and Soccer Comes First, Inc as they did not take necessary actions to prevent the injuries to the players. Therefore Sammy can sue Jim James and Soccer Comes First, Inc for the damages

Answer 2=Ellen owns 10% of "Soccer Comes First, Inc and in case the company loses the case and had to pay the compensation to Sammy then Ellen will also lose his profit by 10% as being the partner in the company of 10%, he is also liable for any liabilities occurring to "Soccer Comes First, Inc"


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