Ramrod 10 Report Share Posted April 12, 2011 Lawsuit is latest woe for Seth Greenberg April 11th, 2011 · No Comments · Virginia Tech The Virginia Tech basketball coach has more to worry about than his team’s snub by the NCAA. A $2.5-million lawsuit filed last month names Greenberg and his “Seth Greenberg Basketball Camp†at Virginia Tech. The suit claims 15-year-old Austin Schuler of Augusta County was severely injured when his head hit a cinder block wall around a basketball court in Tech’s War Memorial Gym. The suit alleges the wall was too close to the court and the padding failed to cover the lower portion of the wall. Schuler, a student at Fishersville’s Woodrow Wilson Memorial High School, was participating in the Seth Greenberg Basketball Camp in June 2009 when the accident occurred. The lawsuit alleges the defendants - Greenberg, the camp and Virginia Tech - owed Schuler a duty of “utmost care†because of the special relationship between the camp and its participants. The suit was filed March 28 in Montgomery County Circuit Court. Schuler is represented by Marks & Harrison. Quote Link to comment Share on other sites More sharing options...
deuceswild 15 Report Share Posted April 12, 2011 If the walls in War Memorial gym are too close to the court, then Chilhowie's gym should just fall down. There's no hope. Quote Link to comment Share on other sites More sharing options...
Hacker 82 Report Share Posted April 12, 2011 Anyone can file a suit, time will tell if the case has any merits. Quote Link to comment Share on other sites More sharing options...
VHSLhelper 571 Report Share Posted April 12, 2011 how many gyms have padding all the way to the floor? Quote Link to comment Share on other sites More sharing options...
Bluefield_Rules 46 Report Share Posted April 13, 2011 Wow, sounds like a parent trying to get rich off an unfortunate accident. I've played at War Memorial several times and the walls are no closer to the court than at most other places. Quote Link to comment Share on other sites More sharing options...
hoard 18 Report Share Posted April 13, 2011 He was severely injured two years ago and they're just now filing suit? Can someone more well-schooled in the legal profession tell me why they would wait so long? Does anyone know how severely he was injured? Quote Link to comment Share on other sites More sharing options...
keeper1 10 Report Share Posted April 13, 2011 i don't meet the criteria of being well-versed in the legal profession, but here's my guess: they got the hospital bill and the parents decided it was tech/greenberg's fault after all. Quote Link to comment Share on other sites More sharing options...
Deleted Account 5,203 Report Share Posted April 13, 2011 (edited) He was severely injured two years ago and they're just now filing suit? Can someone more well-schooled in the legal profession tell me why they would wait so long? Does anyone know how severely he was injured? Like my new jurisdiction of PA, Virginia has a 2-year cap on the statute of limitations for tort/personal injury claims. Hence, time runs out in June, as it would be 2 years from the event starting the cause of action. There are many reasons a lawyer may wait so long to file the claim. One, the client simply comes in close to the end of the statutory period. Two, the lawyer may wait to file a claim because he/she has been gathering information from the client to plead. Three, a lawyer may wait so that the total scope of damages may become more certain and fixed. Four, lawyers may even wait for favorable case law to come about that could help them. The standard of care VT has with this camp is the highest standard of care in case law. It exceeds even the reasonable duty of care that a business invitee has. Without writing an essay on the topic and at the risk of being overbroad, if a person has a reason to be there, the standard of care increases. If the person derives benefit from having a guest, the standard of care increases. VT and Greenberg derive direct financial benefit from the camp's operation. Hence, the "utmost care" standard, a fairly novel matter in VA case law. VT should be trying to settle this baby. FAST. If War Memorial Gymnasium's not up to safety regulations, boom goes the dynamite. Edited April 13, 2011 by UVAObserver Quote Link to comment Share on other sites More sharing options...
hoard 18 Report Share Posted April 13, 2011 My guess as to why they waited so long to file was going to be that they attempted to get VT to settle without going to court but VT refused. I read elsewhere that the kid played for his high school basketball team this past season. If true, he couldn't have been too severely injured. And to what a couple of others posted, it doesn't sound as if the gym is any more of a danger than most others. I mean, there is a chance kids can get hurt playing sports. Quote Link to comment Share on other sites More sharing options...
Hacker 82 Report Share Posted April 13, 2011 Another reason for waiting is that you might have difficulty finding an attorney. Not a common thing, but it does happen. Quote Link to comment Share on other sites More sharing options...
BHS03 99 Report Share Posted April 13, 2011 I actually heard about this a few weeks ago but didn't want to post it on here without knowing its legitimacy. The same source said he was pulled over by a Blacksburg policeman not long ago and acted like a jerk. He just seems to have bad luck. Quote Link to comment Share on other sites More sharing options...
VHSLhelper 571 Report Share Posted April 15, 2011 Staunton paper says the wait was because the attempt for a settlement failed. http://www.newsleader.com/article/20110413/SPORTS/104130321/1006/SPORTS/Hokies-coach-sued-over-Wilson-Memorial-camper-s-injury It talks about the NHSF & NCAA standards for padding, but the kid wasn't playing in wither of these groups... it was summer camp... I don't see how either standard would apply. Quote Link to comment Share on other sites More sharing options...
VivaFutbol 10 Report Share Posted April 15, 2011 I hated playing in War Memorial. Quote Link to comment Share on other sites More sharing options...
Deleted Account 5,203 Report Share Posted April 16, 2011 Staunton paper says the wait was because the attempt for a settlement failed. http://www.newsleader.com/article/20110413/SPORTS/104130321/1006/SPORTS/Hokies-coach-sued-over-Wilson-Memorial-camper-s-injury It talks about the NHSF & NCAA standards for padding, but the kid wasn't playing in wither of these groups... it was summer camp... I don't see how either standard would apply. Do you honestly think VT's going to fork over money with no suit on the table? I really shouldn't have to say more on that one. I bet VT's burning up the phone lines at Marks and Harrison right now. And neither of those standards directly apply, you're right. However, that summer camp was making money for VT and making money for Greenberg. As I said earlier, this triggers the strictest form of tort liability in Virginia common law, the "utmost care" doctrine. What the plaintiff will do is bring in the NCAA and NHSF standards to show what an acceptable standard of care would be for high school and college athletes. Then, the plaintiff is going to show how War Memorial Gymnasium falls below that. Hence, the standard of care could not be "utmost" if it fails to comply with not only the NCAA standards but the NHSF standards. As I said earlier, this case isn't going to trial. If it does, VT's goose is COOKED. Expect a settlement around $1M. Quote Link to comment Share on other sites More sharing options...
Hacker 82 Report Share Posted April 16, 2011 Isn't Marks and Harrison that firm that does all the TV spots? How good are they? Quote Link to comment Share on other sites More sharing options...
deuceswild 15 Report Share Posted April 16, 2011 War Memorial is awesome. I used to play there every single day and never once missed the safety mat. Quote Link to comment Share on other sites More sharing options...
Deleted Account 5,203 Report Share Posted April 16, 2011 Isn't Marks and Harrison that firm that does all the TV spots? How good are they? I do know that Marks and Harrison uses "Market Masters" for most of its generic ads. It's the one where Robert Vaughn comes on the screen and implores you to "tell them you mean business." Market Masters is widely used; I know here in central PA, they market Metzger Wickersham out of Harrisburg. Though fortunately I have never needed legal services of significant magnitude, if I needed PI services and I lived in central VA/Charleston, WV, my first call would be to Marks and Harrison. That's probably the highest praise I can give. Quote Link to comment Share on other sites More sharing options...
fieldgeneral 10 Report Share Posted April 19, 2011 This was very unfortunate. I have actually coached at a 10 star all star bball camp there before a few years back. The wall was is very close to the goal, not much room to "slow down" after a driving layup etc. I think it's in bad taste to sue the school. I'm sure the family has medical bills to pay in addition to future costs from the accident, but is it really the school's fault? I can see and understand their argument, but I just don't know about a lawsuit. If I play at a place like that, I control myself a bit more based on my surroundings, but I'm old. Maybe the school could offer to help with the medical bills or provide them a small settlement out of good spirits rather than be made to legally. They had to know they would take legal action. If there isn't anything about distance from the wall that is posted in the school or state's laws regarding activiitves in an auxillary gym then I see no call for legal action.....just my 2 cents. Quote Link to comment Share on other sites More sharing options...
Hacker 82 Report Share Posted April 19, 2011 As UVAObserver will surely point out one constant rule in lawsuits is to sue someone with deep pockets. Attorney's are looking for large damage awards since they are working on a contingency basis. The bigger the damages, the more they make. Quote Link to comment Share on other sites More sharing options...
Deleted Account 5,203 Report Share Posted April 19, 2011 As UVAObserver will surely point out one constant rule in lawsuits is to sue someone with deep pockets. Attorney's are looking for large damage awards since they are working on a contingency basis. The bigger the damages, the more they make. That pretty much sums it up. Quote Link to comment Share on other sites More sharing options...
vthokies4life 10 Report Share Posted April 19, 2011 Also, are there standards for how those mats are supposed to be hung or is it more or less arbitrary? And, if there are standards, did VT adhere to them? Would that make a difference? Quote Link to comment Share on other sites More sharing options...
Deleted Account 5,203 Report Share Posted April 19, 2011 (edited) Also, are there standards for how those mats are supposed to be hung or is it more or less arbitrary? And, if there are standards, did VT adhere to them? Would that make a difference? Granted, I've not yet read the complaint, but here's my explanation without it. There are objective standards for where and how mats should be placed. Both the NCAA and NHSF set standards, which are slightly different in some ways. War Memorial did not conform to those standards, most notably on the height from the floor that the padding should cover. Both standards require coverage 4'' above the floor. War Memorial's coverage was well over a foot. The young man's head hit in that 4'' to 14'' zone that should've been covered. As VHSL asked, and rightfully so, Virginia Tech is not obligated to the NCAA and NHSF standards by simply operating the camp. However, tort law imposes the strictest standard of care in this particular set of situations (utmost care). Any meaningful difference from the objective standards of measurement will show that the conditions were deficient. Now, Webster's confirms that "utmost" is synonymous with greatest. Assuming that a meaningful deficiency cannot on its face match "the greatest" standard, then VT must be liable. Edited April 19, 2011 by UVAObserver Quote Link to comment Share on other sites More sharing options...
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