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Mike Hutter
10-22-2009, 11:03 AM
Interesting decision today from an appellate court in New York - O'Connor v Syracuse U - arising from a fight after a game between SU and Slippery Rock between a Slippery Rock player and a fan in which a player's father got hurt trying to break it up.

http://decisions.courts.state.ny.us/ad3/Decisions/2009/506273.pdf

KnowItAll
10-22-2009, 11:20 AM
Interesting decision today from an appellate court in New York - O'Connor v Syracuse U - arising from a fight after a game between SU and Slippery Rock between a Slippery Rock player and a fan in which a player's father got hurt trying to break it up.

http://decisions.courts.state.ny.us/ad3/Decisions/2009/506273.pdf

Uhhh, what did you see as the "decision"?
The Appellate court sent this back down to find a certain fact... by the jury... "did the injured guy act reasonably when he tried to rescue a spectator?"

there was no "decision" except summary judgment does not apply, as there remains an issue of fact, yet to be determined.

Mike Hutter
10-22-2009, 02:43 PM
Uhhh, what did you see as the "decision"?
The Appellate court sent this back down to find a certain fact... by the jury... "did the injured guy act reasonably when he tried to rescue a spectator?"

there was no "decision" except summary judgment does not apply, as there remains an issue of fact, yet to be determined.

The "decision" is that there will be a trial and summary judgment is inappropriate. A "decision" is an opinion of a court resolving an issue even if it does not conclude the case.