A court decision that makes sense

In this day and age, most  court decisions I see usually leave me scratching my head. This one makes me think that there may be hope for common sense left in our court system even the it wasn't a unanimous decision. 

To summarize the courts decision: Hey stupid keep your eyes on the ice.


cbs.sportsline.com/nhl/story/10771685/cbsnews


[quote]

NEWARK, N.J. -- A divided New Jersey Supreme Court declined to break legal ice on Thursday, dismissing a lawsuit by a woman who was injured by a puck during warmups at a minor league hockey game in Trenton.

The 4-3 ruling by the state's highest court was a defeat for Denise M. Sciarrotta, who said she suffered permanent brain damage from an incident she maintains could have been prevented. She noted that warmups use dozens of pucks, compared to just one during a game.

The hockey team maintained it took appropriate safety measures, and that having different standards for warmups and games was impractical.

The majority agreed, finding that the team complied with state law, which requires screening in certain areas.

"Simply said, to demand separate and distinct duties of care in respect of the same peril in the same area based solely on the temporary goings-on on the field of play is impractical and not grounded in reason," Justice Roberto A. Rivera-Soto wrote the majority. He was joined by Chief Justice Stuart Rabner and Justices Jaynee LaVecchia and Helen E. Hoens.

The dissent, written by Justice Virginia Long, said Sciarrotta was right that she should have been warned about the risks of flying pucks, and suggested a sign could have been posted.

"In essence, we recognize a duty where foreseeable events that pose a risk of harm require palliative action by those able to prevent the harm. Included within the scope of that duty is the obligation to warn of known or apparent dangers," wrote Long, joined by Justices Barry T. Albin and John E. Wallace Jr.

Sciarrotta's lawyer, Lara R. Lovett, said they were disappointed in the decision, which cannot be appealed.

Sciarrotta, of Lawrenceville, has memory problems but is able to work at times at the restaurant she owns with her husband, Lovett said.

A lawyer for the team, Scott D. Samansky, had no immediate comment.

The decision largely preserves the status of the law in New Jersey, where, as in many states, sports spectators take a chance when they enter an arena or stadium, said Joe Capobianco, a New York lawyer who is not involved in the New Jersey case.

No federal law governs spectator injuries due to action on the field, and states generally mandate that fans assume some risk when they go to a game, Capobianco said.

Sciarrotta had gone to the Sovereign Bank Arena in Trenton on Jan. 4, 2003, to watch her daughter, Ashley, and her school choir sing the national anthem before a game featuring the Trenton Titans, which are now called the Trenton Devils.

Sciarrotta, who was 38 at the time, was seated along the side of the rink, higher than the clear, plastic barrier that encircles the ice. The sides of hockey rinks are not protected by the netting that shields spectators behind the goals. The NHL and other leagues mandated the nets after an Ohio girl was killed by a puck in 2002.

During warmups, a puck ricocheted off a goal post and hit Sciarrotta's head. Blood poured from a gash above her left temple. More than five years later, Sciarrotta said she has a 2 1/2-inch scar and permanent brain damage.

"I never saw it coming toward me. I felt like I was shot in the head," she told the Associated Press last year.

Alleging negligence in allowing a dangerous condition and failing to provide proper safeguards, Sciarrotta sued the team, the East Coast Hockey League, and the arena. She and her lawyers don't know which player shot the puck.

Superior Court Judge Paul Innes in Mercer County dismissed the lawsuit, but it was revived in April 2007 by a three-judge appellate panel.

AP NEWS
The Associated Press News Service[/quote]


Posted by Onesimos on Thu Apr 10, 2008 @ 5:15 pm EDT | 2 Comments