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YEA / Cadets Injury Lawsuit


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7 hours ago, greg_orangecounty said:

On a related note, I have noticed modern drum corps now involves running around and climbing/hanging on props such as scaffolds, ladders, see-saws, impromptu mini-stages, and various other OSHA nightmares. 

I assume members now sign wavers and corps have liability insurance?  

I would assume they're asked to sign waivers and show proof of insurance.  If not, I think we probably would have heard of a few other cases with injured members, especially with situations like the BD colorguard member who broke her neck falling off a prop, and the Bluecoats drummer who had a season-ending injury from a speaker falling on him.

Edited by Musicman1084
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As I see it from my three decades plus of casualty insurance experience that also delves into OSHA issues on a regular basis, my expectation would be that the performing group would have a Workers Compensation Policy in force for the employees of the group *as well as* having that WC policy endorsed to provide coverage for Volunteers (there is a standardized endorsement available to do this but NJ is an independent WC bureau state.) There is also the issue of how the time/manner & method of the volunteer’s job was controlled (tools, ladder and “marching orders” were provided.) 

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8 hours ago, greg_orangecounty said:

On a related note, I have noticed modern drum corps now involves running around and climbing/hanging on props such as scaffolds, ladders, see-saws, impromptu mini-stages, and various other OSHA nightmares. 

I assume members now sign wavers and corps have liability insurance?  

2008 Spartacus.  Watch her head hit the ground.  No props involved but that looked like it hurt. 

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7 hours ago, Terri Schehr said:

Forgive me, Fred, but I’m laughing thinking of that big azz chair.  I’m glad you’re okay. 

Was it a big azz Blue Devils chair?

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1 hour ago, Musicman1084 said:

 

I would assume they're asked to sign waivers and show proof of insurance.  If not, I think we probably would have heard of a few other cases with injured members, especially with situations like the BD colorguard member who broke her neck falling off a prop, and the Bluecoats drummer who had a season-ending injury from a speaker falling on him.

Man, I never even signed a contract to become a member.

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2 hours ago, Musicman1084 said:

 

I would assume they're asked to sign waivers and show proof of insurance.  If not, I think we probably would have heard of a few other cases with injured members, especially with situations like the BD colorguard member who broke her neck falling off a prop, and the Bluecoats drummer who had a season-ending injury from a speaker falling on him.

My guess is that the marching members are asked to sign waivers, but in many cases, the waivers are not worth the paper they are printed on, as people in school settings know. For field trips, parents are asked to sign permission slips that wave the school and chaperones of any accidents on field trips. They almost never hold up in courts. Liability insurance would most likely pick up the tab, but waivers are not of much value.

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Plaintiff mentioned has been a long time volunteer and driver for various corps i.e.  BK,  BD, Troopers among others.  He also marched in the 70's with the USAF drum and bugle corps.  When I didn't see him or hear of his whereabouts this summer, some of his closest friends only heard he was taking the summer off.  Get well Tony.

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7 hours ago, George Dixon said:

eh - the insurance company will settle this out of court. The document is designed to make it look as bad as possible - that's its purpose. 

as for non-communication the insurance company would provide a claim number and the reps would handle all communication and follow up - not YEA!

as far as not transporting him home - perhaps more to that story? zero idea

yeah i dunno. thats where it looks bad.

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