June 2024 – Parks & Recreation - 29

The Premier Defendants maintained that providing the
MSDE Information to Sydney would not have protected
her from falling and hitting her head unless it had led to
her not participating in practice.
which was the type of injury Sydney
sustained. "
In so doing, Plaintiffs had argued
" the Premier Defendants were ignoring
the statutory scheme that
governed the parties' responsibilities
to provide Sydney, her parents,
and Coach Gonzaga with the
MSDE Information. " As a result,
Plaintiffs contended the requisite
proof of " causation " for negligence
liability could be shown under
the Statute or Ordinance Rule
because " Sydney was within the
class of persons the statute was designed
to protect and the harm she
suffered was the type of harm the
statute intended to prevent. "
In response, the Premier Defendants
maintained that providing
the MSDE Information to Sydney
would not have protected her
from falling and hitting her head
on the wall at the NERCC, " unless
it would have caused her or
her parents to withdraw her from
practice entirely; and there was no
evidence to suggest that that would
have occurred. " Furthermore, if
HG § 14-501 were intended to prevent
youth athletes from suffering
the type of harm Sydney suffered,
Defendants argued the concussion
awareness statute " would have included
preventive measures, such
as requiring helmets, prohibiting
unpadded walls at indoor facilities,
or requiring a certain amount of
space between the field of play and
the perimeter walls. "
Statutory Duty Negligence
In general, the appeals court acknowledged
a plaintiff must establish
the following four elements in
any action for negligence:
(1) [T]hat the defendant was
under a duty to protect the plaintiff
from injury, (2) that the defendant
breached that duty, (3) that
the plaintiff suffered actual injury
or loss, and (4) that the loss or injury
proximately resulted from the
defendant's breach of the duty.
Moreover,
the
appeals
court
found it was " well established "
that " a statute or ordinance can
prescribe a duty " and that " violation
of the statute or ordinance is
itself evidence of negligence. " As
described by the appeals court, a
plaintiff had to satisfy the following
two-prong test to establish a
prima facie (i.e., on initial review)
a case of negligence under the Statute
or Ordinance Rule:
First, the plaintiff's injury must
be of a type which the statute or
regulation
was specifically
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June 2024 – Parks & Recreation

Table of Contents for the Digital Edition of June 2024 – Parks & Recreation

June 2024 – Parks & Recreation - Intro
June 2024 – Parks & Recreation - Cover1
June 2024 – Parks & Recreation - Cover2
June 2024 – Parks & Recreation - 1
June 2024 – Parks & Recreation - 2
June 2024 – Parks & Recreation - 3
June 2024 – Parks & Recreation - 4
June 2024 – Parks & Recreation - 5
June 2024 – Parks & Recreation - 6
June 2024 – Parks & Recreation - 7
June 2024 – Parks & Recreation - 8
June 2024 – Parks & Recreation - 9
June 2024 – Parks & Recreation - 10
June 2024 – Parks & Recreation - 11
June 2024 – Parks & Recreation - 12
June 2024 – Parks & Recreation - 13
June 2024 – Parks & Recreation - 14
June 2024 – Parks & Recreation - 15
June 2024 – Parks & Recreation - 16
June 2024 – Parks & Recreation - 17
June 2024 – Parks & Recreation - 18
June 2024 – Parks & Recreation - 19
June 2024 – Parks & Recreation - 20
June 2024 – Parks & Recreation - 21
June 2024 – Parks & Recreation - 22
June 2024 – Parks & Recreation - 23
June 2024 – Parks & Recreation - 24
June 2024 – Parks & Recreation - 25
June 2024 – Parks & Recreation - 26
June 2024 – Parks & Recreation - 27
June 2024 – Parks & Recreation - 28
June 2024 – Parks & Recreation - 29
June 2024 – Parks & Recreation - 30
June 2024 – Parks & Recreation - 31
June 2024 – Parks & Recreation - 32
June 2024 – Parks & Recreation - 33
June 2024 – Parks & Recreation - 34
June 2024 – Parks & Recreation - 35
June 2024 – Parks & Recreation - 36
June 2024 – Parks & Recreation - 37
June 2024 – Parks & Recreation - 38
June 2024 – Parks & Recreation - 39
June 2024 – Parks & Recreation - 40
June 2024 – Parks & Recreation - 41
June 2024 – Parks & Recreation - 42
June 2024 – Parks & Recreation - 43
June 2024 – Parks & Recreation - 44
June 2024 – Parks & Recreation - 45
June 2024 – Parks & Recreation - 46
June 2024 – Parks & Recreation - 47
June 2024 – Parks & Recreation - 48
June 2024 – Parks & Recreation - 49
June 2024 – Parks & Recreation - 50
June 2024 – Parks & Recreation - 51
June 2024 – Parks & Recreation - 52
June 2024 – Parks & Recreation - 53
June 2024 – Parks & Recreation - 54
June 2024 – Parks & Recreation - 55
June 2024 – Parks & Recreation - 56
June 2024 – Parks & Recreation - Cover3
June 2024 – Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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