Jump to content
zippy5

Kostelac Possibly Transferring

Recommended Posts

5 hours ago, NWAkron said:

I didn't say it was legal.  I said it is difficult to prove, especially in this context where his alleged poor treatment may have been because of his playing skills and not his race.  The university and the athletic director would have to handle the first situation and the courts would address the second.

I agree.
Very hard to prove.

However lawyers don't usually take cases without an expectation of making money, so we don't know what they have.

Share this post


Link to post
Share on other sites

Summary judgment is unlikely as there are likely to be  genuine issues of material fact left after discovery in a case like this.  Also, any strategy by the University to place the blame on Groce would be foolhardy as he's clearly an agent of the university while conducting practice.

Share this post


Link to post
Share on other sites
44 minutes ago, clarkwgriswold said:

Summary judgment is unlikely as there are likely to be  genuine issues of material fact left after discovery in a case like this.  Also, any strategy by the University to place the blame on Groce would be foolhardy as he's clearly an agent of the university while conducting practice.

correct.  I was thinking of a judgment on the pleadings.  In his complaint, I didn't see the connection between the alleged discrimination and the injury.  And this forum "the court of claims" is quite conservative in its application of the law to facts.   If Mark was treated badly and unfairly for whatever reason, I hope the university will settle the case with him maybe with a non-disclosure clause.

Share this post


Link to post
Share on other sites
5 hours ago, NWAkron said:

correct.  I was thinking of a judgment on the pleadings.  In his complaint, I didn't see the connection between the alleged discrimination and the injury.  And this forum "the court of claims" is quite conservative in its application of the law to facts.   If Mark was treated badly and unfairly for whatever reason, I hope the university will settle the case with him maybe with a non-disclosure clause.

 

All this lawyer talk is getting me excited.

My belly button won't stop puckering and unpuckering.

Share this post


Link to post
Share on other sites
6 hours ago, NWAkron said:

correct.  I was thinking of a judgment on the pleadings.  In his complaint, I didn't see the connection between the alleged discrimination and the injury.  And this forum "the court of claims" is quite conservative in its application of the law to facts.   If Mark was treated badly and unfairly for whatever reason, I hope the university will settle the case with him maybe with a non-disclosure clause.

Not sure there would be a judgement before discovery. He is not suing over the injury, although I am certain that will be an issue in the case.

Let's see who shows up for depositions and what they have to say.

We have no idea if Mark had made a complaint to the coach (or anyone else) prior to the incident. And no idea what the teammates would say.

This is still in the what if stage.

Share this post


Link to post
Share on other sites
7 minutes ago, akronzips71 said:

Not sure there would be a judgement before discovery. He is not suing over the injury, although I am certain that will be an issue in the case.

Let's see who shows up for depositions and what they have to say.

We have no idea if Mark had made a complaint to the coach (or anyone else) prior to the incident. And no idea what the teammates would say.

This is still in the what if stage.

 

More, More, More I'm almost there.

  • Haha 1

Share this post


Link to post
Share on other sites

The discrimination aspect of this case is BS and the kid will need a prayer to prove that in court.

But for Groce and his staff to allow a kid to leave the scene with his extent of injuries is gross negligence that puts the program and university in a bad light and will greatly negatively effect recruiting. No way in hell I'm sending my son in that environment. Clean House 

  • Thanks 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...