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The Bath County News-Ou'tlook, Owingsville, KY 40360 Week of February 21 - February 28,: 2002, ,
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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,,oKMo
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.