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Newspaper Archive of
Bath County News - Outlook
Owingsville, Kentucky
February 21, 2002     Bath County News - Outlook
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February 21, 2002
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O The Bath County News-Ou'tlook, Owingsville, KY 40360 Week of February 21 - February 28,: 2002, , Views From ................................ by Circuit .... Touch Football Although the Super Bowl is now over, many of you may be motivated to play a little flag or touch football as a result of the big game. Or possibly, if the game was boring, you were inclined to play football yourselves as an alternative to just watching the new commercials. This happened in a case in California several years ago. Kendra, the plaintiff, and Michael, the defendant, together with a number of other social acquaintances, attended a Super Bowl party at the home of a mutual friend. Dnring haiftime several of them decided to play an informal game of touch football in the yard using a "peewee" football. Each team had four or five players, and included both women and men. The plaintiff and defendant were on opposing teams. Five to ten minutes into the game, Michael ran into Kendra during a play. According to Kendra she"told Michael not to play so rough or she was going to stop. She stated he agreed, but on the very next play, Kendra sustained injuries when Michael ran into her from behind, knocking her down, and stepping on her hand. The game ended with Kendra's injuries. Kendra sought treatment for her hand shortly thereafter. After three operations failed to restore movement in her little finger or to relieve the ongoing pain of the injury, Kendra's finger was amputated. She then instituted a lawsuit against Michael, seeking damages for negligence and assault and battery. Michael countered that Kendra assumed the risk of injury by playing a game with obvious risks of injury, even if it was only touch football. He argued that since it was not his intention to step on her or injure her, she was barred from recovery. The trial court agreed with Michael, and dismissed the suit. In a decision that has affected many other cases, the California Supreme Court agreed, and affirmed the dismissal. The Court stated that as a general rule, persons have a duty to use due care to avoid injury to others and may be held liable if their careless conduct injures another person. However, the Court also noted that in the heat of an active sporting event like baseball, basketball, or football, a participant's normal energetic conduct often includes accidentally careless behavior. Since such careless behavior is an inherent risk of a sport such as touch football, the Court reasoned that Kendra assumed the risk of injury by actions such as Michael's when she agreed to play. It determined that Kendra could recover damages only if she could show that he intentionally injured her, or played in such a reckless manner as to be totally outside the range of the ordinary activity involved in the sport. This standard was adopted by the Kentucky Supreme Court in a case rendered in 1995. During a doubles tennis match, Bill returned a ball with his racket to the server. Unfortunately, he struck Keith, the server, s partner in the eye.Keith alleged Bill was angry over having misplayed the previous point and returned the bali too aggressively. He sued Bill for damages. The Supreme Court determined Keith could not recover damages from Bill. It stated there are certain risks inherent in athletic participatioff. Thus it determined it would be unwise to hold an athletic contest participant liable to a coparticipant for ordinarily careless conduct. It relied on the California touch football case in making its decision. This is a wise approach. Having been involved in many a basketball and volleyball game in the past where some of my coparticipants could have been accused of aggressive "ordinary careless play", I knew there was always a risk of injury. In the heat of battle, I've seen many an elbow thrown going for a rebound in basketball, or a jumping into the net in a volleyball game attempting a spike. Nevertheless, the fun of participating always outweighed the risks. Copyright @2002 William B. Mains Sometimes being industrious, is a da skill when you substitute explosive ol This story is supposed to be true and probably isn't, but it could have happened knowing that these kind of geniuses exist even right here at home. Headline: Freak truck accident Two Greenup County Kentucky men were seriously injured when their pick-up truck left the road and struck a tree near Cotton Patch on State Highway 8 early Monday morning.Greenup County deputy Dovey Snyder reported the accident shortly after midnight Monday. Thurston Poole, 31, of Lloyd, and Billy Ray Wallis, 28, of Wurtland, are listed in serious condition at OLBH. The accident occurred as the two men were returning to Greenup after ' a frog gigging trip. On an overcast Sunday night, Poole's pick-up truck headlights mal- functioned. The two men concluded that the headlight fuse on the older model truck had burned out. As a replacement fuse was not available, Wallis noticed that the .22 caliber bullet from his pistol fit perfectly into the fuse box next to the steering wheel column. Upon inserting the bullet, the headlights again began to operate properly and the two men proceeded on east-bound toward the White River bridge. After traveling approximately twenty miles and just before crossing the river, the bullet apparently over- heated, discharged and struck Poole in the right testicle. The vehicle swerved sharply to the right exiting the pavementand striking atree. Poole suffered only minor cuts and abra- sions from the accident, but will re- quire surgury to repair the other wound. Wallis sustained a broken clavicle and was treated and released. "Thank God we weren't on that bridge when Thurston got shot or we might both be dead" stated Wallis. "I've been a trooper for ten years in this part of the world, but this is a first for me. I can't believe that those two would admit how this accident hap- pened", said Snyder. Upon being notified of the wreck, Lavinia, Poole's wife askedhow many frogs the boys had caught and did anyone get them from the trt]ck. •o,,oKM••o•• How lotteries really work: A man moved to Texas and bought adonkey from an old farmer for $100. The farmer agreed to deliver the donkey the next day. Come morning, the farmer drove up and said, "Sorry, but I got some bad news. The donkey died." "Well then,just give me my money back." "Can't do that. I went and spent it already." "OK then,just unload the donkey." "What ya gonna do with em." "I'm gonna raffle him off." "Ya can't raffle off a dead donkey !" "Sure I can. Watch me. I just won't tell anyone he's dead." A month later the farmer met up with the guy and asked, "What hap- pened with the dead donkey?" "I raffled him off. I sold 500 tickets at $2.00 apiece and made a profit of $898." "Didn't no one complain?" "Just the guy who won. So I gave him his $2.00 back." ,,,-,KM,.••• • Energy Bunny arrested---charged with battery. • A man's home is his castle, in a manor of speaking. • A pessimist's blood type is always b-negative. • My )wife really likes to make pottery, but to me it's kiln time. • Dijon vu--the same mustard as before. • Practice safe eatin condiments. • I fired my just rubbed • A Freudian slop is one thing but mean or death. • I use, I t(   ork but if folded. .IV knot before. • A hang • Corduroy pilloWS! headlines. • Dancing a form of floor play., • Sea captains don t I] • A sussessful diet isl mind over platter. • A gossip "s sc sense of rumor. • Without ;col less. • When you dream conceivable occasion. • Reading, vhil you well-red. • If electricity trons, does moralit rons? "\\; From The Pied Typer files, January 1965 From the files of "RUSS METZ", 191 on'li law./ D t sten to ers ...... there's no substil.ute for sutge n Even after taking thousands of photographs, it never ceases to amaze me what can be done with a camera. Or maybe what can't be done. I guess that little black box has murdered more women than all the weapons of warfare. At least, despite all the fantastic qualities of the camera, none has been built so far that can take a pleasing picture of a woman. • But George Eastman didn't know that could not be done when he decided he could take pictures on celluloid, instead of glass plates. So he got up a company and tried to hustle up some stock, only to have the wiseguys with money shake their heads and tell him to take his idea and get lost. They told him the camera was already perfect and anyway, there wasn't a Chinaman's chance of selling enough Kodaks to make the business pay its way out. Only the common folks dared risk a little money in the venture. One $12 -a-week grocery store clerk bought 500 shares out of his $12. His boss begged him to drop it and save his money, but before the clerk got the 500 shares paid for, he began getting small dividends. So he took advantage of his option and bought 500 more on the installment plan. He ultimately became very wealthy from his confidence in George Eastman. While Eastman was struggling to perfect his patents and defend the law suits the Camera Trust brought against him, he was flat broke and needed $250 desperately. He went to a well-to-do Rochester attorney and said, "If you will loan me $250, I will assign you a half interest in the whole Eastman Kodak Co." Being a man of sound business judgement, the attorney said, "No, Mr. Eastman, I will not loan you any money, but I will give you a little free advice. Stop chasing rainbows and get yourself a job." This shows us not to borrow money from a lawyer. All you will get is advice, which may be bad even if it is free. --RM-- If my memory serves me correctly, a lot of this guff about losing weight and counting calories was started by a slick fellow by the name of Elmer Wheeler. Old Elmer has written several books on the battle of the bulge and these recipes for shedding lard have become kitchen Bibles in many American homes. And to show you that Wheeler was not behind the barndoor when the brains were passed out, he has now published a book on how to,stop smoking. All of which RUSS METZ enhances the sales of his previous books, since most people put on weight when they give up the weed. Something like perpetual motion in bookselling. The Wheeler book on smoking is a good one, except for a minor detail: it won't stop you from smoking. Since the governments scare story, a lot of kick-the-habit books have hit the streets to be gobbled up by weak-willed nicotine addicts in search of a magic formula for being a success at giving up smoking without really trying. Seems like the least they could do is print those books on burley leaves. That way, if the message didn't sell you on quitting, you could roll up the pages and smoke them and the price you paid for the book wouldn't be a total loss. Stopping smoking is no problem for the average man. It is staying off them longer than 30 minutes is what bothers him. You can buy a bushel of books and read a Smokers Anonymous organization other out of it. But there is only one [' aul off the leaf: be miserable. Like giving up cars, and good bourbon, you have to suffer. If you are swayed by reading a book on up smoking, you shouldn't have taken up first place. Someone may come surgery and you could find yourself in dutch American Medical Association for hacking kids' craniums. --RM-- Thanks to one of the credit card fying the tipping system in New York, we how much beanery blackmail we may be subjected to if we ever get to the big city. The standard tip, so the company says, restaurant or smart night club varies between percent depending on the amount of the bill sphere and the quality of the service. says one shouldn't tip the headwaiter forms some special service. You can bet dollar he'll go through some burlesque, e with outstretched hand. If he does some service, then tip him on the Some pay him on the way in. These are the get a table, the company advises. If you don'P part of this social shakedown, take your the Automat. Better still, stay at home and g]j to your wife. It'll drive her out of her m you'll have plenty of money to go to New everybody. Onward, upward.