Read the Case Scenario “Into the Danger Zone” on page 202-203 in Stader. In the Discussion Board, write a “Memorandum to the Superintendent” (or School Board President) arguing for or against a settlement with Lucy’s parents. Clarify the legal question. Cite applicable ISLCC standards, the elements of the tor of negligence and ethical principles to support your answer. Are all of the elements of the tort of negligence present? There is an inherent risk in any sport, and students are frequently injured. Not every injury is severe, and the vast majority of injuries do not require missed playing time, much less hospitalization and physical therapy. It is also true that not every injury is foreseeable. But, was Lucy’s injury foreseeable? If you assume Coach McKay breached his duty (and I am not saying he did) was the breach cause-in-fact of Lucy’s injury? Besides assumption of risk, are there other defenses to the tort of negligence in this case. Your memorandum to the Superintendent should be a minimum of 300-500 words.
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