Case Brief 5

Case Brief 5 - enhanced Darrens injury Issue Is Cornell...

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Dana Ettinger SPM 415 Case Brief #5 Traub V. Cornell University, 1998 U.S. Dist. LEXIS 5530 Facts : Cornell University student Darren Traub was playing pickup basketball when he tried to dunk the ball after playing two or three games. He ran at the hoop, his hand hit the rim, and he fell down and hurt both wrists. He began playing basketball approximately ten years prior to the incident and he had never been able to dunk. He claims that he was unaware of the danger posed by dunking a basketball into a goal with a rigid rim. Cornell opened the basketball court for recreational use in fall 1988 and provided no supervision and imposed no policies or guidelines for use of the court. The university also did not post any warning on the court. He sued the university and the hoop maker for negligence and strict liability, contending that the rigid rims caused or
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Unformatted text preview: enhanced Darrens injury. Issue : Is Cornell University, M & B, or Cushman & Burke negligent for causing injury to Darren Traub? Holding : The US District Court denied a motion for summary judgment of the defendants. They dismissed negligence, expressed and implied warranty, and strict products liability claims against M & B. Dismissed expressed and implied warranties and strict products liability motions against Cushman & Burke. Reasoning : The negligence claim against Cornell were kept based on the evidence from Dr. Marc A. Rabinoff that it is not reasonable for adult to understand possibility of hanging up when attempting to dunk a basketball. The M & B claims were dismissed based on evidence that they constructed courts and installed basketball goals by following Cornells specifications....
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This note was uploaded on 02/16/2012 for the course SPM 415 taught by Professor Wolohan during the Spring '12 term at Syracuse.

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