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13 Prof. Sports & L. 1 (2022-2023)

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PROFESSIONAL SI


March-April 2022.  Volume   13, Issue 1


and the


Court Rules on Case Involving Errant

Punt that Struck Fan at NFL Game


By Courtney E. Dunn, of Segal
McCambridge

      hen self-proclaimed football fa-
      natic Paulina Callinan attended
her very first football game on November
1, 2015, she did not expect to be put on
the punt return team.
  Callinan was six rows away from the
field at M&T Bank Stadium in Baltimore
for an up-close view of the game between
the Baltimore Ravens and the San Diego
Chargers. While distracted by her cell
phone, Baltimore Ravens punter, Sam
Koch (Koch) was practicing his punts
on the sideline during warmups, causing
an errant punt to travel into the stands
and strike Callinan in the face.


  Callinan filed a complaint in the
Circuit Court for Baltimore City (the
Trial Court) alleging negligence claims
against the Ravens, Koch and the Na-
tional Football League (NFL) based
upon the punting incident. The Ravens
and Koch moved for summary judgment
asserting the assumption of risk doctrine
and the fact that the exculpatory clause
printed on the back of Callinan's ticket
barred her claims as a matter of law.1

1  The back of Callinan's ticket read Ticket
  holder assumes all risks incident to the game
  or related events, including the risk of lost,
  stolen or damaged property or personal injury
  of any kind[ng
             See COURT  on Page 18


Court: Off-Duty Police Officer Escort Is

Not an Employee of the Visiting Team
By Jeff Birren, Senior Writer


   n 2015 the Tampa Bay Buccaneers
   played the Saints in New Orleans.
Following the game, off-duty New Or-
leans police officers and Jefferson Parrish
deputy sheriffs escorted the Bucs' busses
to the New Orleans Airport. After the
busses cleared an intersection, Deputy
Michael Tisdale, on a motorcycle trail-
ing the busses, made a right turn and
struck another officer who was providing
pedestrian traffic control. The injured
officer, Terrance Bolden, and his wife,
sued various defendants, including the
Bucs and  their insurance companies.
They claimed the Bucs were vicariously
liable for Tisdale's negligence and that he
was within the course and scope of his


employment with the Bucs.
  After discovery, the Bucs made a mo-
tion for summary judgment, asserting
that Tisdale was not their employee and
thus they could not be vicariously liable.
The trial court denied the motion, and
the appellate court denied the writ. The
Bucs applied to the Louisiana State Su-
preme Court. It accepted jurisdiction.
The Court held that there was no em-
ployee-employer relationship between
the deputy sheriff and the Buccaneers
under the facts and circumstances of this
case and consequently reversed the denial
of the summary   judgment  motion
(Bolden et al v. Michael Tisdale, SMG,
            See ESCORT  on Page 20


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