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Sanity Prevails in Justice System


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One of my partners represents a  number of colleges and universities; he is a nationally recognized guru in this area of the law.

 

He was asked to defend a private college, sued by a former student.  Several years ago, the student became intoxicated on campus (not at any college sponsored event) and went roaming about, smacking people at random.  He caused some real harm, injuring several other students, apparently for laughs and giggles.  He was arrested, prosecuted and eventually pled guilty to multiple counts of A & B.  Sentenced to four years, he was paroled after about a year and a half.

 

His first act on release?  Apologies to his victims?  Apologies to his family?  Nope.  Lawsuit against the college.  Claimed the college failed to protect him from himself; tried to turn social host liability on its head, arguing that the college was obligated to make certain that he did not get drunk, and once drunk, that he did not do anything that would get him in trouble.  

 

Remarkably, the Judge agreed with my partner that this was over the top.  No duty by the college to protect the student from his own stupidity.  Case dismissed.

 

Compared to some of the judicial nonsense discussed in the Saloon from time to time, a breath of fresh air.  From MA, no less.

 

http://www.bostonherald.com/news/local_coverage/2017/12/judge_drunken_rampage_isn_t_endicott_s_fault

 

LL

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