Tragedy at Notre Dame

[HoyaNyr320]

The more I read about this story, the more sick I get:

deadspin.com/5675694/prelude-to-a-tragedy-how-a-notre-dame-student-died-and-why-he-shouldnt-have

Absolutely inexcusable actions by the University, Coach Kelly, and the rest of their coaching staff in allowing this young man to continue to record practice in 50 mile an hour winds. My heart goes out to his family and friends.

[LizziebethHoya]

Couldn't have said it any better myself HoyaNyr.

That kid's first tweet is one "holy crap" moment if there ever was one. I wonder if he tried not to have to work, or told someone that it was unsafe, and they made him do it anyway.

[sleepyjackson21]

Tuesday and Wednesday were two of the windiest days here in Chicago. Really really windy as in having trouble walking down the street windy. I can't believe that they had this kid up in an unsecured tower. My condolences to the family. Very tragic and completely avoidable.

[SSHoya]

Lawsuit sure to follow. . .

[hifigator]

Yeah, this was certainly a tragedy. I heard about it on the way to work this morning and the first thing I though of was a wrongful death suit certainly to come from the family. Sure enough, ESPN just said the same thing.

[vcjack]

Both of those tweets are the stuff of nightmares. Just terrible

[HoyaNyr320]

Oct 28, 2010 13:13:44 GMT -5 SSHoya said:

Lawsuit sure to follow. . .

As it should. This is classic negligence. Even if the school has assumption of risk or comparative negligence defenses, do you think it would be wise in terms of public relations for them to make them, considering this was just a student performing a student job for the team? If they are smart, they will settle with the family before it makes its way into a courtroom. Preferably, the settlement would come out of Coach Kelly's multi-million dollar salary, but unfortunately that's not how it usually works.

[SFHoya99]

I don't know if we'll ever know if he actually asked about not going up, but this is one of those classic situations where he shouldn't have had to. Every coach and administrator who was around that day is responsible -- all it would have taken is one person noticing him up there or going up and making it right.

But you gotta have that practice film, right?

[SSHoya]

Indiana is a comparativ fault jurisdiction. If plaintiff 50% or less at fault, plaintiff wins. Plaintiff wins this one hands down. Is Notre Dame football snakebitten?

[reformation]

Oct 28, 2010 13:13:44 GMT -5 SSHoya said:

Lawsuit sure to follow. . .

\\

Big Lawsuit definitely seems justified in this case

[SSHoya]

If the powers-that-be at ND have any judgment, it will quickly settle this case even if it may have some defenses. I would not like to have the comparative fault issue before a jury. Pay the $$, sister gets a free ride (news says his sister also goes to ND), and set up and fund a scholarship in his name.

[hoya9797]

The coach should be fired. Maybe they'll have to wait until the settlement is done but someone needs to take responsibility for this and I'd start with the guy that insisted they practice outside in huge winds so that he could have better practice film.

[SSHoya]

This is not a good sign, the ND AD (who is a lawyer) says the weather was "unremarkable." I believe he was present at the practice IIRC from his press conference. This does not comport with the student's tweets. . . Is ND going to argue that the student was exagerrating the weather conditions just prior to his death?

www.upi.com/Top_News/US/2010/10/29/Notre-Dame-AD-Weather-unremarkable/UPI-37921288368081/

[hoya4ever]

ND can't argue with meteorology. There are records kept everywhere. The real problem is that there is no safety clause for winds not in the hurricane/tornado categories as there is for lightning. The absence of NCAA regulations might give the win to ND.

[hifigator]

I haven't seen anything "official" or in print, but I have heard multiple accounts on the radio that say that the scissor lift was "rated to 25mph."

[SirSaxa]

There is no way that ND can "win" this one, even if a judge or jury would rule in their favor (not suggesting they would or wouldn't).

ND loses in the court of public opinion. Since that is clearly the case, their best (or least bad) option would be to take the high road and settle this out of court as soon as possible.... allowing for the appropriate time to grieve and so forth.

I don't know if the head coach is to blame. I can see why a coach might want the kids to practice in bad weather, but that doesn't mean he needed to Video tape the practice. Someone.. HC, Video Coach (or whatever his title is), AD, someone has to be responsible for the safety of the students. The kid doesn't want to look like a chicken and take himself down, any more than a player wants to take himself out because he is hurt. The Coach responsible has to TAKE the kid out of that lift.

This really is tragic. Does the sister even want to stay at ND after that? I'd have a pretty awful feeling every day on that campus if I were she.

ND needs to take responsibility for this and work out a settlement with the family.

[SSHoya]

IMHO ND shouldn't try to go for the "win" as a public relations matter. There is a principled legal argument that a 20-year old man who indicated the awareness of the dangerous winds was more than 51% negligent and that the Ind. comparative fault statute should bar recovery. From ND's standpoint, do you really want to make that argument? In front of a jury?

[jgalt]

Oct 30, 2010 11:57:38 GMT -5 hoya4ever said:

ND can't argue with meteorology. There are records kept everywhere. The real problem is that there is no safety clause for winds not in the hurricane/tornado categories as there is for lightning. The absence of NCAA regulations might give the win to ND.

Wont matter. As Hifi pointed out scissor lifts are rated to 25mph (usually, there are exceptions). The NCAA regulations have no effect on this, it is pure negligence. None of us were there, but I would assume the swaying/movement of the lift would have been fairly obvious. If anyone has seen these being used, they sway just from general use with out any wind.

And as was stated above, Kelly has to go. He could have been in his office asleep when this happened and had not knowledge of the kid being up there, but its his team, and he has to take the blame.

If this had happened on a construction site, the foreman would have been sacked that day (unless hes union, where the firing would take a little longer).

Kelly has already shown that he doesnt have much respect for whether when he complained about having to take practice inside due to lightning. And its not like he is winning, this just gives ND a reason to fire him.

If im the family i sue the hell out of them. ND will never let it get to court, those tweets are devastating. The money wont bring there son back but it might wake up people to the idea that football isnt everything.

[SirSaxa]

For what it's worth, ND lost to Tulsa today 28-27, on a FG with 3 minutes to go, at home.

[RusskyHoya]

Oct 30, 2010 17:35:29 GMT -5 SirSaxa said:

For what it's worth, ND lost to Tulsa today 28-27, on a FG with 3 minutes to go, at home.

If there has ever been a game where karma, cosmic justice, and just desserts have demanded a particular team lose, it was Notre Dame and this game. The fact that it was to Tulsa - a team that uses this logo - makes it exponentially more fitting.