Reference no: EM133329473

Scenario 1

A track athlete was recruited to play football.  He had never played organized football before.  He was recruited primarily because of his speed and was going to be used as a receiver.  Unfortunately, he was severely injured while tackling an opposing player after an interception.  Investigation showed that he had only received one practice session on tackling.  The athlete plans to sue, contending that the injury was the result of insufficient training, conditioning, and supervision.  

Scenario 2

During his sophomore and junior years, Jim Sparks had established himself as a star player on the Louisville football team in Evanston County, Missouri.  Before the start of his senior year, he sustained two minor neck injuries during football. Jim's father, a chiropractor, treated his son for these injuries and told the coach and athletic trainer that Jim had to wear a neck roll in all practices and games for an indefinite period of time to protect his neck from further injury.

During the second game of his senior season, Jim's neck roll was torn off his shoulder pads and was damaged to the extent it could not be reattached. During halftime of the game, Jim inquired about an extra neck roll with the student trainer, who indicated that there were none. Jim did not ask any of the coaches or athletic trainer for a neck roll and returned to play in the third quarter without a neck roll.  After making an interception, Jim was tackled by the face mask during the return and sustained a ruptured disc.  Jim was treated with a discectomy and fusion.

Scenario 3

A baseball player was struck with a pitched ball directly in the orbit of the right eye and fell immediately to the ground.  The athletic trainer ran to the player to examine the eye.  There was some immediate swelling and discoloration around the orbit, but the eye appeared to be normal.  The player insisted that he was fine and told the athletic trainer he could continue to bat.  After the game, the athletic trainer told the athlete to go back to his room, put ice on his eye, and check-in tomorrow.  That night the baseball player began to hemorrhage into the anterior chamber of the eye and suffered irreparable damage to his eye.  An ophthalmologist stated that if the athlete's eye had been examined immediately after the injury, the bleeding could have been controlled and there would not have been any damage to his vision.

Scenario 4

As a  nutritionist, you were hired by the Community Outreach Committee to promote sensible eating habits, create healthy meal plans to reduce the risk of health complications, and evaluate the diets of clients suffering from obesity.  One of your clients who is a star athlete is now threatening to sue you because the custom diet you created has caused him other health complications and now he is unable to practice or run track. 

Scenario 5

During the spring semester, one of the counselors was absent for several weeks. During her absence, a female student from her group saw another counselor for a number of counseling sessions. When the counselor returned this student was transferred to her and she was informed by her counselor colleague that the student was suicidal. Following this transfer, she saw the student for one half-hour session and spoke with her privately but briefly several times in the corridor of the college. Just two weeks after this counselor's return the student committed suicide. Once the student's parents learned of their daughter's involvement with this counselor they planned to bring a legal suit against her as well as against the college alleging that she was negligent in the standard of care provided to their daughter. 

Instructions

• Read the case scenarios carefully several times.
• Apply each element of negligence to determine if the plaintiff will succeed in a negligence claim
• Include and explain each element in your answer