A legal question:

#26
#26
As a practical matter there has to be some actual damage to make a lawsuit viable. Fortunately, based on what I've seen to date it doesn't seem anyone was actually hurt seriously in the debacle. Now if someone had been hit in the temple with that golf ball and killed, that would be a hairy situation and UT would end up writing a much fatter check.
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Yep if someone was hurt badly it would have been everywhere shot from every angle. Ever notice when a strong wind comes to a neighborhood the media finds a tree down and shoot and runs it from every angle. You, the next day drive through said hood thinking trees etc.. down everywhere but basically nothing. Media just looking for hits.
 
#29
#29
I'm obviously not an attorney. My questions are:
1. Can OM sue for reckless endangerment to their players, fans, cheerleaders etc?
2. Can Kiffy do the same since he was hit with the gof ball?
The SEC has hit us with a $250K fine. Is there more bad news to come because of this debacle?
Pardon my legal ignorance. That was not my major at UT
Not sure about TN, but many states require there to be damages. What were the damages? Not sure emotional distress will be relevant.
 
#30
#30
I'm obviously not an attorney. My questions are:
1. Can OM sue for reckless endangerment to their players, fans, cheerleaders etc?
2. Can Kiffy do the same since he was hit with the gof ball?
The SEC has hit us with a $250K fine. Is there more bad news to come because of this debacle?
Pardon my legal ignorance. That was not my major at UT


Tell Kiffin we have ages of certain coeds ....
 
#31
#31
Just to play Devil's advocate:

Does selling beer, security being lax, letting visibly intoxicated people into the stadium rise to negligence. If that golf ball broke Kiffin's nose, he would likely have a case.

Just selling beer most likely wouldn't be enough to qualify for any level of negligence, as long as they were in compliance with their license to do so, and there was no evidence to suggest otherwise. Venues are not typically responsible for intoxicated guests unless there is proof that a patron was intentionally or negligently overserved, and then most likely that would get foisted on those actually serving alcohol, and are responsible for determining whether someone should be served more alcohol by virtue of the training they have to complete.

The only thing I could imagine that might be questionable for UT as the operator of Neyland, would be weather or not an object such as a golf ball, would be specifically not allowed through security. If it wasn't a banned object previously, I imagine that it will be going forward.
 
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#32
#32
I'm obviously not an attorney. My questions are:
1. Can OM sue for reckless endangerment to their players, fans, cheerleaders etc?
2. Can Kiffy do the same since he was hit with the gof ball?
The SEC has hit us with a $250K fine. Is there more bad news to come because of this debacle?
Pardon my legal ignorance. That was not my major at UT

Give me a minute and I'll ask my lawyer-journalist friend. He's a double shyster and should know.
 
#33
#33
After Saturday I was kinda worried reading a thread titled "A Legal Question" I know you get one call from jail but not sure how many VN posts your allowed?
 
#34
#34
You may not be an attorney but you can probably find out just about everything you need online tbh.
 
#35
#35
Regarding the thread title “A legal question”…..does that mean a thread with a different question would be “illegal”?
 
#36
#36
I am an attorney and there are a lot of issues. This is going to be REALLY rough because to adequately answer these questions would take a lot longer than I could write here and it's not worth the effort to give a law school exam answer.....But basically:

1. Reckless endangerment is a criminal offense, not civil. So no, OM could not sue for this. Could Tennessee authorities charge someone with these crimes.....well assuming Tennessee authorities would want to charge people with the crime of "reckless endangerment," the answer would still likely be no because that charge needs to show beyond a reasonable doubt conduct that engages in "imminent danger of death" or "serious bodily injury." Serious bodily injury basically means substantial risk of death, prolonged unconsciousness, obvious disfigurement, loss of a body part/organ, etc. So no, it is extraordinarily unlikely that anyone would bring these charges, not least of which is identifying the actual defendant to charge with those crimes.

2. Kiffin, no. Again see above #1. But also because there is concrete video evidence of the golf ball not hitting Kiffin. It lands on the ground near him and he picks it up.

But, in Kiffin's sake, let's assume he wants to sue for civil assault under the theory of "reasonable fear of imminent bodily injury" (battery would be off the table because he was not actually touched). To say nothing of the legal defects and the meeting of statutory requirements, you'd still have to find the person who threw the thing near him which would be virtually impossible. Even if you could identify that exact specific person, his comments after the game show he really didn't fear bodily injury.

Now, I'll bold this too because its implied in the last portion of your question and a lot of people in the media ignore it, but I think it is important.

SEC PUNISHMENT.
The SEC is not a state actor, it is a private entity. So as a private association, it has to have a set of defined rules and can't act arbitrarily or capriciously in it's dealings with its private members. the SEC has a stated rule that talks about interference with the field of play, and it sets the monetary fine at $250k for 3rd and subsequent offenses. It also allows the commissioner to add additional penalties as they deem fit. If the SEC imposed a fine of, say, $500k, Tennessee would have sued and said the SEC was acting arbitrary and capriciously by imposing a fine above and beyond their outlined rules. A private actor can't just ignore their own rules and claim due process. As to the "other penalties" language that obviously is written for non-monetary penalties. Ergo, the book report we have to submit for "punishment" purposes.
Thank you That is the kind of info I was interested in.....
 
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#38
#38
Any decent judge will throw it out…Kiffin has no standing in the state of Tennessee!!!
 
#39
#39
If we respond to OP, does that mean we are practicing law.

This post is not legal advice. Contents of this post are confidential. If you are not the intended recipient, delete immediately.
 
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#40
#40
I'm obviously not an attorney. My questions are:
1. Can OM sue for reckless endangerment to their players, fans, cheerleaders etc?
2. Can Kiffy do the same since he was hit with the gof ball?
The SEC has hit us with a $250K fine. Is there more bad news to come because of this debacle?
Pardon my legal ignorance. That was not my major at UT
A better legal question is " can the refs be sued by someone who gambled on the game and lost due to them just making up bogus calls.
 
#41
#41
I once knew a Sue in my adolescent years. Cutest thing ever, and very accommodating. Might not have been ethical, but it was legal.
Was her real name run around Sue

I once knew A Boy Named Sue.......he found his estranged dad at a bar in Gatlinburg and shot him dead (if you're too young to know this Johnny Cash reference then you missed a great era of growing up)
 
#44
#44
I'm obviously not an attorney. My questions are:
1. Can OM sue for reckless endangerment to their players, fans, cheerleaders etc?
2. Can Kiffy do the same since he was hit with the gof ball?
The SEC has hit us with a $250K fine. Is there more bad news to come because of this debacle?
Pardon my legal ignorance. That was not my major at UT

Well with sports betting legalized in Tennessee can we sue the refs for negligent behavior that caused monetary loses? I am sure some people had to lose money on the outcome due to the overturned call.
 
#46
#46
Fingerprints are all over the mustard missile so you do not want to be that guy or girl that tossed it.

Do you really think the criminal mastermind behind the mustard bottle would be so careless as to leave fingerprints?

We're talking about a highly trained assassin here. Possibly former KGB or STASI. I really wouldn't put it past the Chinese or Iranians to be involved in this somehow.

I'm sure somewhere at the CIA at this very moment, analysts are poring over past case files for any incident involving mustard to see if they can make a connection.

There also exists the possibility that this was a false flag operation.

This could get ugly boys. The global political ramifications of this could be huge. The Atomic Clock has been moved to 1 minute to midnight as a result.
 
#48
#48
Just tell Kiffin he'll have to answer questions about a certain Lexus and it will be dropped

That Lexus has already landed people in court. An employee of the dealership bought the thing and ended up suing the dealership.

Oddly enough it was over the dealership refusal to make certain repairs and not because he couldn't get the smell out.
 
#49
#49
Everybody with serious injuries deserves retribution.
 
#50
#50
Just to play Devil's advocate:

Does selling beer, security being lax, letting visibly intoxicated people into the stadium rise to negligence. If that golf ball broke Kiffin's nose, he would likely have a case.
it must not because there have been a lot of people injured at sporting events due to others being drunk either let into the game that way or from drinking at the game and the team/venue is not responsible. How does the university reasonably prevent a golf ball from coming in and being thrown on the field? The individual is certainly responsible but can’t see how in this case the university is
 

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