Help needed finding related cases!

[MJ Smith]

What is the name of your state? Louisiana. My problem is exactly the same as the one posted on 04/28/2000 by H. Campbell. My son also lost his athletic scholarship due to injury at an off season workout scheduled by his coach. The coach then decided to give my son's scholarship to a "healthy player who used to play for him at another school". My son slipped and injured his knee at the university's gym and because it was out of season and therefore an illegal workout, the coaches acted as if he got hurt on his own accord. He was left on financial aid for the academic year but, his playing career was wrongfully terminated through false pretenses. He was never examined by the team doctor and his surgeon refuted the team doctor's opinion in a letter sent to the university stating that he spoke to the team doctor and the team doctor denied ever saying that my son would not be able to play again at the same level of competition. It is very hard to find a Personal Injury attorney versed in sports law in this area. And corporate P.I. attorneys won't handle it because they don't see where they can make tons of money handling this type of case due to the factors involved and a lack of sports law knowledge. I've been doing entensive but limited research to find similar cases that have gone to court and have come to a couple of conclusions. 1), These type of cases occur quite often, but are apparently settled out of court. 2), Coaches' Duty of Care and athlete's Assumption of Risk doctrine have greatly changed recently. And 3), I don't have the resources to find the info I need to resolve my dilemma. Therefore, I'm am reopening H. Campbell's original post looking for recent cases involving the wrongfull loss of an athletic scholarship due to injury and also the wrongfull termination of an athlete's career by his coaches. Thanks, MJ

 

[I AM ALWAYS LIABLE]

My response:

We don't have any Louisiana attorneys contributing to these forums, and you'd need to be one to respond to the details of your question.

If you were from California, I could tell you exactly how the courts would treat your situation, but alas, you're not.

Good luck in your quest.

IAAL

 

[MJ Smith]

I understand that the laws of each state are some what different. But, being that a D-1 university is a member of, a national organization, the NCAA, wouldn't what applies in California, also apply in Louisiana?

 

[I AM ALWAYS LIABLE]

I understand that the laws of each state are some what different. But, being that a D-1 university is a member of, a national organization, the NCAA, wouldn't what applies in California, also apply in Louisiana?

My response:

The law does not take into account the type of organization. It wouldn't matter if it happened to the President of the United States playing on the Whitehouse lawn. What matters, only, is that your son was engaged in sports, and whether your State laws allow a cause of action for negligence when engaged in sports activities - - whether on or off season.

IAAL