Feeling Hungry? Thirsty?

For those of you who've heard, but never been... Here's a photo from The Field, San Diego's best Irish Pub in the Downtown area. Love it!

The Fracturer (more baseball...)

How about about the escalator that just suddenly sped-up, causing a fractured leg and other injuries at Giants Stadium? I wonder if there was a lawsuit (and if the court referenced that other famous New York tort case of some similarity, Murphy v. Steeplechase Amusement Co. ["The Flopper"])?

Of course, it's completely different because we're not talking about an obvious risk, but it's hard not to see some ironic similarity.

Death at the Ballpark

Shea Stadium - Home of the National League New York Mets

A fan at the ballpark yesterday, presumably on license, fell over the railing of an escalator to his death while leaving the par after the game with his family. Some interesting facts:
* Family (incl. "two young daughters") was with him, saw him fall to his death.
* Not injured by a normal "part of the game."
* Foreseeablity
-Another fan had fallen off of an escalator to his death in 1985.
-There is no mention of renovations to the escalator railings post 1985 -is this relevant?
* Reasonableness of Foreseeability
- Only ONE other similar accident in past 23 years.
- Was there EVER another such accident (besides the 1985 accident)?
- How many millions of fans have safely traversed the same route?
*Further interesting notes:
- Cousin stated victim was "holding the railing" and "walking," [not running,] when he "slipped."
- This is Shea's last year in existence. Any chance the owners consequently chose not to invest in some important renovations?
* Is there a duty?
* S/L? Negligence?

The Alligator Man

So, on a routine traffic stop, you have a "free-range alligator" in your car, but at least it's not concealed.

Exploding Batteries - Tort(?)

Settling for $13,000 seems like a very small "victory" to me, but I believe that Japan has a very different stance on product liability torts than we do here in the States.

Capital Punishement for Crimes Other Than Murder

One state is preparing to execute a convict for raping an eight year-old child. This has raised a constitutional challenge, since the US Supreme Court in both 1976 and '77 ruled against capital punishment for rape, but Louisiana claims that the precedent only precludes execution for the crime of rape on adults.

What do you think?

Civ Pro II

04/15/2008

Ticor, 8-95
Chapter 9 and reread CB 2-1 from last semester,
Rules 1, 2, 3, 7, 8, 11, 12(b), (e), (f), 15, 54(c)
Forms 1, 2, 9, 20

04/17/2008

Chapter 10 (pay special attention to intro note on discovery), Rule 26
Chapter 11

Many thanks to Nate for supplying this, as my computer didn't boot-up in time for me to get it directly from Brooks... :-)

Torts -UPDATED!

For those of you, like myself, who wondered what the assignment would be for this week, Prof. McGowan has just sent around an email with the details. Apparently, there was an error with the server on Friday, which is why we haven't heard until now...

TUES 612-628 to finish up warnings
FRI Seffert & compensatory damages, 698-713, n 9 &10 pp714-16, n 12 & 13, 717-18; wrongful death actions 726-32.

Baseball - Superstitions - Criminal Charges; oh my!

Ever thought your crazy sports-superstitions could get you in trouble? Better not act with "malicious intent," and jinx the other guy.

Can there be criminal charges if no harm would actually occur -at least, there's no reasonable person who could reasonably foresee that harm. Right?

As the D.A.'s ponder charges, New York's witch-doctors and voodoo priestesses quake with trepidation.

12 y/o Sentenced as an Adult

Did the state properly use it's discretion? The Supreme Court decides to abstain from comment; comity.

CivPro Assignments 4/8, 4/10

Tue: R.1, 23, (cursory look @23.1/.2), §1332(d) [long provision], §1453 [removal], §§1711-15 [are coupons a settlement?...]; Vasquez 8-62, Hansbury v. Lee 8-56

Thurs: Eisen 8-74, Sailor v. Lindsay (Friendly, J.) 8-87