basically title says it, ND used the weather info from about 2 hours before the practice in which Declan Sullivan to determine whether or not to allow him to use the lift.....you know thats pretty reliable, rather than idk going outside to check or something along those lines
SIAP: Notre Dame used old Weather info
"To hell with Notre Dame"
I call bullshit. The general conclusion of the report is that it wasn't really windy, but then a huge and unforseen gust of wind came out of nowhere. But they also include wind data from the area that was recording 44 MPH gusts a full hour before the accident.
... the tweets of the kid who clearly felt it was too windy.
To hell with Freekbass.
"Hey Mortimer, how' d you like to do a little wager??"
"About what, Randolph?"
"Let's see what extremes it takes to make Notre Dame fans give up their loyalty."
"Well hogwash, Randolph-- those fans are intensely loyal. There's nothing you could do to make them renounce their love of the Fightin' Irish!"
"No, Mortimer, you're wrong.... I give you FREEKBASS."
is why I generally hate lawyers.
Sounds like a lot of spinning is being done at ND. They should just admit they fucked up and do the right thing for Declan Sullivan's family. The right thing would include a mea culpa, a large financial settlement, a memorial of some kind, and some kind of endowed scholly for student manager/volunteers with his name on it.
It won't ever bring him back, but ND could at least take responsibility for their actions. Besides, it's ludicrous to say "holier than thou" out one side of their collective mouth while making excuses out the other.
ND has already established a memorial scholarship for the deceased student. They were also fined an amount in the tens of thousands of dollars. It's a pittance at best but the law's the law.
IOSHA can only fine them what they did, but people on staff could face criminal charges and the institution and the staff themselves could be liable in civil court.
Criminal charges? That's a stretch to say the least. Negligence, and therefore civil liability, yes.
I just said there could be. IOSHA was the workplace safety law, then there's criminal law and civil law. So IOSHA was the regulatory law, 1/3 of the types of applicable state law here.
Unless the people calling the shots are morons, they will settle with the family before the lawsuit is filed and they will create a nice memorial too. No jury is going to be sympathetic to the school, not after reading those tweets from the kid who was terrified to be on lift. Truly irresponsible conduct by the coaches and the school.
Family is not filing a lawsuit. They are very religious and don't want to harm the university, basically.
Which I will never understand. ND != Church. The funds would likely come out of the endowment, not general funds used for religious activities. Not to mention, ND is quite obviously at fault, and their negligence cost their son his life.
They can obviously come to whatever decision they want to, and you have to respect that, but I don't really understand it. Especially since there are apparently no criminal charges pending, I would want a verdict in a courtroom or a public acknowledgment of wrongdoing by the school, which ND hasn't really done.
Slight nitpick, I'll bet they're insured and that's where the $$ would come from. The endowment isn't a great source for a bunch of reasons, although it's not beyond the realm of a possibility that a ND donor would say "Of course you can use proceeds from my gift to bury this unpleasantness under the rug."
Wasn't even thinking about insurance. Just about what ND would need to tap for a $30m check (some legal sites estimated that as a probable settlement). So even less of an incentive not to sue. Although honestly if it were me and I was well off like they apparently are, I would be more interested in getting a jury verdict than money settled out of court.
Speaking of donors though, I know people mentioned that RR's buyout would never even be a concern because there were alums who would rather cut a $2.5m check than retain him. I wonder what the difference is when it hits something so much higher.
This excuse is absolutely 100% made up after the fact. That's my gut feeling. They looked at the weather data and had a brainstorming session where the best, most plausible excuse they could come up with was that they checked a weather report from that time and were going off of that.
Brian Kelly killed a kid through negligence. Period.
If it ever comes out that the kid wanted to come down and Brian Kelly ordered him up there, then yes, you would be correct. Until that comes out, I don't want to hear that Brian Kelly killed the kid. If that is the case, then I'm going to try and take solace in the fact that the guilt he should feel is worse than anything we can imagine. I refuse to believe that the guy isn't even human, and I'm sure he feels awful. I feel awful for this kid's family, there is no excuse for his death, none, and I said a prayer for the family after it happened.
IOSHA found that Sullivan "voiced objections" to going up to a member of the football staff, and apparently that got ignored by the staffer, or Sullivan was told to go up anyway.
Kelly is indirectly responsible for Sullivan's death. His staff acting on his authority ordered him up after objections to the unsafe conditions were voiced. I don't know if that can be held up civilly or criminally, but it sure as hell would warrant a firing at any public institution.
Meanwhile, the guy who ignored/ordered Sullivan up presumably still works at ND, which is just disgusting.
I was on campus that day, you didn't need a weather report. It was so insanely windy, as soon as you stepped outside you should have known a scissor lift was a bad idea. No weather report needed, just common sense.
When your eyes, ears, and gut tell you something's iffy, and you're making a decision that could put a young person in harm's way, you err on the side of caution. You don't go find some official assessment of risk that says go ahead--and then hide behind it when the worst happens. If my son wants to cross a busy street on his bike, do I go look up a traffic report from the county, or do I say "that doesn't look safe to me" and tell him to hold up? His parents may not want to sue, but if they can forgive the athletic department they've closer to sainthood than I'll ever be.
Their defense is essentially "we checked at 2:30, and it wasn't windy at 2:30." And they're right: I remember that day, and it didn't get windy until mid-afternoon. And that sounds great in theory... until you realize that they were outside in serious winds for a long time before the accident.
What kind of defense is "well, it FELT windy, but the interwebs didn't tell me it was going to be that windy, so how could we know for sure?"
I live about 20 minutes from ND and I remember the day very well. It was unbelievably windy that day. I am also a commercial electrician and have spent countless hours on scissor lifts. I know how they are effected by windy conditions and I can tell you that there is no way in hell I would have been up on one or ordered someone up on one that day. ND and Kelly need to step up and admit what they did was wrong and accept the consequences of their actions. It will never happen but it should. This is just another reason my whole family roots for whatever team is playing against ND in any sport. They think they are untouchable and they need to be taken down from their perch.
2 year streak and overall winning record against ND rolls on...
Everyone from there that I know either loves ND, or is a huge, huge M/Purdue fan. I agree about accountability (insert Brady Hoke joke here) BTW.
BD...the thread you and I were in and I "vented" has a new question in it for you, that you probably wouldn't see if I didn't tell you. So...yea.
Just replied to it. Purdue has fans?
Remember? They're the ones who nixed that mascot because it scared the shit out of small children. They're also the people put on Earth to lament ACL injuries.
Did the Super Outbreak of April 1974 just happen in South Bend? Is news really that slow in Indiana?