James and Christenna Bearman, a couple in their late 60's, attended a football game at the University
Question:
James and Christenna Bearman, a couple in their late 60's, attended a football game at the University of Notre Dame. The Bearmans have been season ticket holders for years. On this night, they left the game shortly before it ended in an effort to beat traffic. As they were walking through an official tailgating parking lot on campus to get to their car, they observed two men who appeared to be drunk. The men were fighting, one of them fell down, and then they walked away from each other. A few moments later, one of the men fell into Christenna from behind, knocking her to the ground. There were no ushers or security guards present in the area where the incident occurred. After he realized his wife was in pain, James Bearman called an ambulance, which arrived before any Notre Dame staff could get to the scene. Christenna suffered a broken leg from the fall that required several thousands of dollars in medical bills. After the incident, the Bearman's have decided to file a negligence lawsuit against the University of Notre Dame.
- Based on what you know about the situation, what level of supervision would you expect the University of Notre Dame to provide for its patrons outside of the stadium? Explain.
- Which type of guest/user is Christenna considered in this particular case? Explain the duty and level of care she should expect based on that classification.
How would this classification change if she and her partner forced their way into an academic building and injured themselves? - A court did find the University of Notre Dame negligent. Use the four elements of negligence to explain why the court ruled in favor of the Bearman's.
- What potential defense(s) might be appropriate for the University of Notre Dame to consider as it prepares for trial?
Operations Management Managing Global Supply Chains
ISBN: 978-1506302935
1st edition
Authors: Ray R. Venkataraman, Jeffrey K. Pinto