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Horned Frog Athletics
Scott & Wes Frog Fan Forum
FWST: Patterson and TCU can't afford to settle this one
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<blockquote data-quote="Froglaw" data-source="post: 2558393" data-attributes="member: 4921"><p>I would not call the lawsuit frivolous. That means no basis in Law or Facts or a reasonable exstension of existing law.</p><p></p><p>Brown v. Board of Education was considered frivolous at the time of its filing.</p><p></p><p>I understand the theory that colleges do owe a duty to its athletes to not intentionally injure them. </p><p></p><p>However, negligence is a theory involving reasonable behavior under a duty imposed by law. Such as stopping your vehicle at a red light. A physician not amputating the wrong leg. Etc.</p><p></p><p>"Were the actions of the Defendants reasonable?"</p><p></p><p>I do not think the law will impose the second standard on colleges when it comes to predicting sports injuries.</p><p></p><p>Ultimately, we all decide what is best for our own health. </p><p></p><p> I understand KL's pain and frustration, but were the Defendants' actions intentional? Of course not.</p><p></p><p>"Were the Defendants' actions reasonable?"</p><p></p><p>That is the issue KL and his lawyers want to go to trial and have answered in their favor.</p><p></p><p>Unfortunately for KL, I do not believe the Texas Courts will impose that duty upon TCU et al.</p></blockquote><p></p>
[QUOTE="Froglaw, post: 2558393, member: 4921"] I would not call the lawsuit frivolous. That means no basis in Law or Facts or a reasonable exstension of existing law. Brown v. Board of Education was considered frivolous at the time of its filing. I understand the theory that colleges do owe a duty to its athletes to not intentionally injure them. However, negligence is a theory involving reasonable behavior under a duty imposed by law. Such as stopping your vehicle at a red light. A physician not amputating the wrong leg. Etc. "Were the actions of the Defendants reasonable?" I do not think the law will impose the second standard on colleges when it comes to predicting sports injuries. Ultimately, we all decide what is best for our own health. I understand KL's pain and frustration, but were the Defendants' actions intentional? Of course not. "Were the Defendants' actions reasonable?" That is the issue KL and his lawyers want to go to trial and have answered in their favor. Unfortunately for KL, I do not believe the Texas Courts will impose that duty upon TCU et al. [/QUOTE]
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Which team did TCU defeat in the College Football Playoffs?
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Scott & Wes Frog Fan Forum
FWST: Patterson and TCU can't afford to settle this one
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