I need help with a personal injury/ Assault and Battery case. The incident accrued in mid-August 2010. I was assaulted playing indoor soccer on a hardwood roller rink. There was a video of the incident at the time which partially obscured but it has been deleted. I was a goalie and I was assaulted when an opposing player took my legs out from me 3-5 seconds after I picked up the ball. I landed on my head and sustained a torn labrum, a concusion I am still dizzy from, and I have damaged discs in my neck. I am in pain every day. I had left labrum surgery in June 2011. I have been to physical therapy for about a year in a half out of the 2 years. I would like to sue:Opposing player : assaultSoccer Ref: personal injuryIndoor soccer arena: personal injury.I know how to sue pro-se to an extent but I do not know draft court order to get the player and the soccer ref’s name. Lawyers do not want to take my case. I can't even find somebody to draft a court order for me.( How do you draft a court order in the state of new jersey?)(See legal argument below)In Nabozny v. Barnhill n2, the Plaintiff, a soccer goalie, was kicked in the face by another player during an amateur soccer match. The Nabozny case was the first Appellate Court case in Illinois to recognize the contact sport exception to the general rule that a person is responsible for his negligent acts or omissions. The court stated that to allow the plaintiff goalie to sue another player in Negligence under these facts would obviously have a chilling effect on other players who choose to play soccer, basketball, hockey, football, softball, etc. The court held that a player could still be liable in tort if his conduct was either deliberate, willful, or with a reckless disregard for the safety of others. Nabozny supra. Hackbart v. Cincinnati Bengals, IncShare on facebookShare on emailShare on print|More Sharing ServicesMoreCitation. 444 U.S. 931XXXXX 275 62 L. Ed. 2d(NNN) NNN-NNNNU.S.click the citation to view the entire case on Brief Fact Summary. Plaintiff, a professional football player, was injured when one of Defendant’s players intentionally struck him during a game. Both continued to play in the game and did not make any complaints at the time. Plaintiff later sued to recover for his injuries.Synopsis of Rule of Law. Even in an inherently violent situation such as a game of professional football, it is possible for one to go beyond its customs and so be liable for injuries in tort.Facts. Plaintiff was injured by one of Defendant’s players in a professional football game. Defendant’s player intentionally struck Plaintiff, but was not found to have intended to injure him. Neither of the two complained to officials at the time of the injury, but Plaintiff later sued to collect for his personal injuries. The trial court took judicial notice of the violent nature of professional football and found that the only remedies available to Plaintiff would be those administered within the game.Issue. Was the Trial Court correct in finding that Plaintiff had no remedy at law due to the extremely violent nature of professional football? Discussion. The Court was called upon to analyze an implied consent defense. The trial court clearly found that one engaging in professional football was aware of its dangers and therefore surrendered his rights to seek redress for injuries sustained in the process. The Court explains here, however, that there is a question of scope to such consent, and the mere understanding of a sport’s generally violent nature does not extinguish all rights to recover for truly egregious conduct that is beyond the pale even of what professional football commonly entails. Sizable Settlement From Broken Jaw When One Soccer Player Punched Another John represented a 16-year-old Briarcliff Manor High School soccer player who was punched in the jaw in a game against Rye Neck High School in Westchester County, New York. The injured victim was the son of a lawyer who does not do personal injury work. The young man suffered a fractured jaw, which was wired shut for six weeks. John recovered a substantial sum from the defendant’s parents’ homeowner’s policy despite the fact that the defendant pled guilty to assault in the criminal court. John was able to avoid the carrier’s defense of no coverage for an intentional act (a) by claiming that the act was intentional but the result was unintended, and (b) by keeping the criminal guilty plea out of civil court due to the defendant’s “youthful offender” status, which in New York keeps his guilty plea under seal. Depositions were taken and then the insurance carrier met John’s settlement demand. The amount recovered in this case is confidential
Country relating to Question: United States
State (if USA): New Jersey
I have researched similar injures to develop a legal argument.
You certainly have a lot of information--you almost sound like a paralegal or something. If I am reading this right, you are only asking how to get the player and ref's name, correct?
i wish i was a parelegal lol......yes I am trying to find their names. I have a police report but their names are XXX XX the report. I am also trying to find somebody to take my cases but i havent had any luck either.
You probably will not be able to get anything until you file your suit. What you would do is to sue the place, the organization (whoever put the soccer match on) and also the "unnamed referee" and "unnamed player". Once you file the suit you send interrogatories (discovery questions) to the organization making them tell you who the other people are, then you serve them officially with the petition and add their names with an amended petition.
Its too late for that. The injury happened in august 19th and I have less than two months. How do I sue the unamed player if i dont have his adress or the unamed ref if i dont have his name. why wouldnt i be able to do a court order?
You file your petition using the term "unknown player" etc. then you will already have the filing deadline met. We do that all the time "unknown waitress" "unknown nurse"--you would have to serve them when you find out their names, but in the mean time you sue the facility and whoever put on the soccer game and that locks your case in and you won't go over the deadline.
You can't get a court order without a case first. You can't just go get an order for people to do something if they are not defendants or involved in a court case at all.
Who organized the soccer game? where was it held?
whats a petition
That's what you file to start the lawsuit. With you as the petitioner and them as the defendants.
it was held at a roller hockey rink . It was an organized league with 11 teams
Like if you were getting a divorce, you would have to file a divorce petition. If you're suing for personal injury, you file a personal injury petition.
is the petition part of the complaint?
i have never head of a petition
The complaint is probably the same as the petition.
Have you filed them before? You sound experienced in the law.
so on the complaint i would be listing them as a defendant and that would solidify the statue of limiations
i have sued pro se before
Well, you had to start the suit with a complaint or a petition--whatever you want to call it.
How much would you charge to draft the complaint/petition?
I would like to do it for you, but we're not allowed to represent you in that way. We are just here for informational purposes.
Over 15 years experience
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).