KJ writes statement on behalf of the AAC players

[NewEnglandBull]

1 minute ago, TallyBull said:

In an action for negligence one must demonstrate that the negligent act caused the damage. Regardless of whether you can legally waive your right to sue (there are differing opinions on that), good luck demonstrating you picked up your case of COVID-19 from football practice and not your trip to Publix to pick up a chicken tender sub. 

And good luck in trying to prove the university did all it could in trying to contain it. 

[TallyBull]

Just now, NewEnglandBull said:

And good luck in trying to prove the university did all it could in trying to contain it. 

 Burden isn’t on the university. It’s on the plaintiff.

[Friscobull]

1 minute ago, NewEnglandBull said:

Was that your finger or some other appendage on your body .

Those days are behind me so no Q tip was necessary.  It was my index finger which made it difficult to type however I was able to soldier through and missed no work

[NewEnglandBull]

4 minutes ago, TallyBull said:

 Burden isn’t on the university. It’s on the plaintiff.

Which will not prevent the plaintiff from making a case and creating doubt. There is no way a university could provide a 100% save environment.

Edited August 11, 2020 by NewEnglandBull

[Friscobull]

3 minutes ago, NewEnglandBull said:

Which will not prevent the plaintiff from making a case and creating doubt. There is no way a university could provide a 100% save environment.

I do think there are enough bottom feeder Personal Injury attorneys that can still make this a nightmare for the colleges.

[TallyBull]

1 minute ago, NewEnglandBull said:

Which will not prevent the plaintiff from making a case. 

You said:

And good luck in trying to prove the university did all it could in trying to contain it. 

The UNIVERSITY doesn’t have to prove anything. If the PLAINTIFF can’t demonstrate that he picked up COVID-19 at football practice, he loses - period. It’s very difficult if not impossible to establish causation in virus cases. 

[NewEnglandBull]

2 minutes ago, TallyBull said:

You said:

And good luck in trying to prove the university did all it could in trying to contain it. 

The UNIVERSITY doesn’t have to prove anything. If the PLAINTIFF can’t demonstrate that he picked up COVID-19 at football practice, he loses - period. It’s very difficult if not impossible to establish causation in virus cases. 

Then if that’s the case the whole issue of a waiver should be moot in terms of application for the athletic department...which I am in favor of. 

[Bull Nut]

13 minutes ago, TallyBull said:

You said:

And good luck in trying to prove the university did all it could in trying to contain it. 

The UNIVERSITY doesn’t have to prove anything. If the PLAINTIFF can’t demonstrate that he picked up COVID-19 at football practice, he loses - period. It’s very difficult if not impossible to establish causation in virus cases. 

If there are multiple positive cases/outbreak within the team, couldn't one conclude that at least one or more of the positive cases were contracted during a university athletics event, practice, game, etc.?

Edited August 11, 2020 by Bull Nut

[TallyBull]

7 minutes ago, NewEnglandBull said:

Then if that’s the case the whole issue of a waiver should be moot in terms of application for the athletic department...which I am in favor of. 

I’m with you there.

[TallyBull]

8 minutes ago, Bull Nut said:

If there are multiple positive cases/outbreak within the team, couldn't one conclude that at least one or more of the positive cases were contracted during a university athletics event, practice, game, etc.?

A plaintiff could try to make that case (it’s all about persuading a jury) but it would still be tough. All the university would have to show in its defense is that the student could have just as easily caught the virus at a party, Wal-Mart, or a visit home. 

Edited August 11, 2020 by TallyBull