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ACA Standards are used by Expert for the Plaintiff in a lawsuit against a Camp
This case shows how standards, written by a great organization with good intentions can be used to help, encourage and support lawsuits against its own members. This case was settled, but it is full of...
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Why accident reports can come back to haunt you.
Herbst v. L.B.O. Holding, Inc., 2011 DNH 72; 783 F. Supp. 2d 262; 2011 U.S. Dist. LEXIS 46977; 85 Fed. R. Evid. Serv. (Callaghan) 285 Accident reports can be admitted, if the accident is substantially...
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The standard of care for a ropes or challenge course changes based on who is...
Linthwaite v. Mount Sinai Union Free School District, 2011 N.Y. Misc. LEXIS 6525; 2011 NY Slip Op 33569U A school owes a higher degree of care to students then a non-school. This decision was based on...
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So if you write standards, you can, then use them to make money when someone...
I’m sort of speechless (but I can still type) about this whole thing. The amount of money lost in the lawsuit, the way the lawsuit was lost and now this article. The expert witness for the plaintiff...
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Summer camp being sued for injury from falling off horse wins lawsuit because...
Failure of the plaintiff to find an expert witness in a case requiring an expert results in dismissal of the plaintiff’s complaint. Ellis v. Y.M.C.A. Camp Mohawk, Inc., 2014 U.S. Dist. LEXIS 110403...
View ArticleLombard v. Colorado Outdoor Education Center, Inc., 2011 Colo. App. LEXIS 1401
Turene Lombard and Pueblo School District #60, Plaintiffs-Appellants, v. Colorado Outdoor Education Center, Inc., a Colorado non-profit corporation, d/b/a The Nature Place; and Sanborn Western Camps,...
View ArticleEllis v. YMCA Camp Mohawk, Inc., 615 Fed. Appx. 697; 2015 U.S. App. LEXIS 16057
Ellis v. YMCA Camp Mohawk, Inc., 615 Fed. Appx. 697; 2015 U.S. App. LEXIS 16057 Louisa R. Ellis, ppa Elizabeth Ellis, Elizabeth Ellis, Plaintiff-Appellant, -v.- YMCA Camp Mohawk, Inc.,...
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Expert testimony is needed when the activity is beyond the scope of the...
In this case, the plaintiff’s claim failed because they needed any expert witness and the one they had hired was disqualified. Without an expert in horseback riding lessons, the plaintiff’s claims were...
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Plaintiff loses because experts could not prove his claims against a camp...
ACA trained expert witness was hired by injured plaintiff to prove a claim against a summer camp. Again, camp money is used to train expert who then is used against the camp. Staten Et. Al. v. The City...
View ArticleAlbert v. Ober Gatlinburg, Inc., 2006 U.S. Dist. LEXIS 100150
For an Analysis of this case see Tennessee has a Ski Statute that must be construed narrowly or if you don’t understand skiing, ignored Albert v. Ober Gatlinburg, Inc., 2006 U.S. Dist. LEXIS 100150...
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