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Old 08-25-2010, 03:42 AM   #1
jcarmello
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Article on Law Suits

This was posted on face book and I thought I would share it with you fine folks here!! Some folks have no shame!

http://www.martialviews.com/2010/08/...wsuits_23.html
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Old 08-25-2010, 04:54 AM   #2
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Thanks for that, good info to know
shame about the reason of its writing
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Old 08-25-2010, 05:54 AM   #3
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Indeed, America is a most litigious nation. Sad story but good to be aware of these things. Thanks for the post!
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Old 08-25-2010, 12:13 PM   #4
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OMG! If only simple common sense could be applied to situations like this - the guy got what he deserved. You don't just walk into some strange dojo and start bragging yourself up, giving unwanted advice and otherwise acting like an a-hole. If you do, you get gut-punched. Case closed! If the kid had purposefully done serious damage it would be a different story, but this ding dong just got his wind knocked out. Big deal!
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Old 08-25-2010, 01:16 PM   #5
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Osu!

Quote:
Originally Posted by sandman View Post
OMG! If only simple common sense could be applied to situations like this - the guy got what he deserved. You don't just walk into some strange dojo and start bragging yourself up, giving unwanted advice and otherwise acting like an a-hole. If you do, you get gut-punched. Case closed! If the kid had purposefully done serious damage it would be a different story, but this ding dong just got his wind knocked out. Big deal!
We have to be careful about this sort of approach though, Sandman. With that as a defence, his lawyer could wind up with him owning the school.

"My client doesn't have a senior belt, but they put him up against this huge thug, who clearly had instructions to strike my client for being outspoken." (Blah blah blah...)

No one does Kumite in our Dojo unless we know them. Sometimes that takes a while...

Osu!
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Old 08-25-2010, 01:19 PM   #6
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Quote:
Originally Posted by Dent View Post
Osu!



We have to be careful about this sort of approach though, Sandman. With that as a defence, his lawyer could wind up with him owning the school.

"My client doesn't have a senior belt, but they put him up against this huge thug, who clearly had instructions to strike my client for being outspoken." (Blah blah blah...)

No one does Kumite in our Dojo unless we know them. Sometimes that takes a while...

Osu!
Osu! Dent, you are absolutely right in the real world. In our litigious society this is obviously a risk. I just wish that common sense was more than just a random occurrence these days...
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Old 08-25-2010, 01:45 PM   #7
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Osu!

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Originally Posted by sandman View Post
Osu! Dent, you are absolutely right in the real world. In our litigious society this is obviously a risk. I just wish that common sense was more than just a random occurrence these days...
Sandman, I think we've all come to understand that anything that is reasonable, well thought out and practical is quite uncommon these days!

Osu!
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Old 08-25-2010, 02:12 PM   #8
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I have seen threats yelled in other dojo/dojang from parents. At a dojang tournement one young lady kept stopping everytime she was kicked and her opponent kicked her again. The she started crying, so the ref stopped the match.

the parents of this young lady were always jerks during practice/training and they brought their A - GAME to the tournement. Brothers, sisters grandparents and who knows how many altogether, but there were at least 20 people for her.

While she was putting on her gear they were screaming her name and detracting from the match that was currently in front of us. Another young man from the dojang. His parents were visibly upset by the antics of these idiots. Before the young ladies match the Grand Master had asked that everyone respect one another and keep the yelling down. He prefaced it with how he understood pride for your competitor and that it should be levied to all.

Well, as soon as they lined up, the mother, who acted and talked like Fran Drescher, screamed out "oh she is gonna kick that girls @$$!". I turned around and asked them to give it a break in a very firm voice. they knew me and my son from the dojang so they just mumbled and settled down..........for a minute.

The match began, and the young girl was ferocious for the first 20 seconds or so, and the her opponent was bouncing away to keep distance. Then the mouths started again.........OH BOY!!! Next thing you know an Axe Kick spins the head gear on this young lady and she stops. Ref calls time, equipment adjustment made and time in. Bam a round house to the side under the kids guard, she stopped and bam a front kick plants her. At this point the entourage was screaming "not fair" "I am gonna get that little b..ch" etc. etc. Match stopped.

Next thing you know the father is on his cell phone, well had it to his ear, screaming "I have my lawyer on the phone" "I have this video" this is going to be one hell of a lawsuit on all of you" At that point a rage built inside of me but my intention was pre-empted by other parents who started getting upset.

The other parents and spectators were screaming how stupid and idiotic they were, which just made these jerks worse. Not being able to contain myself I started climbing the bleachers toward them and they were videoing me!! wtf??? I simply said, "you blew it" You ruined a great match between to young competitors." You should be ashamed of your selves" I was cursed at and coward from at the same time.

They all left, and an apology was levied by a few of the Masters and the tournament continued with great competitions and even a knock out.

During the week i stopped into the dojang to say hello and inquire about what happened and the aftermath. The Master said he was deeply ashamed and embarrassed for all his students, to which I tried to shine some light on some segments of the American culture and how adults tend to live vicariously through their children. he was very appreciative but it did not eleviate his shame (old world Korean).

A few days later, the kids come home and tell me there will be no more competitions due to a law suit. No need to wonder who it was from! What was the most bothersome was that even though this was settled before it even hit the court, it seems to me that it should have never been.

After that they cancelled the special sparring classes as well (only black belts). And many of the senior students ended up leaving the school saying it became to watered down.

I see these people from time to time at the grocery store and about town and I just want to put a "malocchio" on them. But what comes around goes around so I will be sad at how idiots and a litigious society can ruin thing for everyone.

One positive though, my kids now train Kyokushin when they are available!!!

OSU!!!!
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Old 08-25-2010, 02:13 PM   #9
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Thanks for the article JC. This thread, too, is well timed...

I've been researching proper waivers/disclaimers recently to prevent such a thing from happening to me. ...sucks that people try this sort of thing!


EDIT: @JC --that sucks. I have to believe (and hope) the match would have been ended and the family (and competitor) expelled at our tournament. All competitors are given fair warning...

OSU!
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Last edited by Hangtime; 08-25-2010 at 02:17 PM. Reason: commented re: JC's most recent post
Old 08-25-2010, 02:17 PM   #10
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Quote:
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No one does Kumite in our Dojo unless we know them. Sometimes that takes a while...
Osu!

What about in the alley down the side of the dojo?

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Old 08-25-2010, 03:10 PM   #11
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Osu!

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Originally Posted by jcc View Post
What about in the alley down the side of the dojo?
No no no.

We're friendly people, dedicated to preserving peace and goodwill. To prove it, we make sure to only hit our friends and family.

Osu!
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Old 08-25-2010, 04:14 PM   #12
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Quote:
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Osu!

We're friendly people, dedicated to preserving peace and goodwill. To prove it, we make sure to only hit our friends and family.

Osu!

Osu!

A true NJ family then!

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Old 08-25-2010, 04:19 PM   #13
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Osu!

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Originally Posted by jcc View Post
A true NJ family then!
You remember how the articles mentions insurance, right?



Osu!
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Old 08-26-2010, 05:03 AM   #14
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Quote:
Originally Posted by Dent View Post
No one does Kumite in our Dojo unless we know them. Sometimes that takes a while...
That's a great policy. The boxing club at my alma mater did the same. I usually worked the heavy bag in the afternoon after classes, using a full Muay Thai repertoire. The coach of the boxing club was a very gracious man and allowed me to continue my heavy bag work during his club's practice as I was off to one side and did not hinder practice.

One day, one of his heavyweights came over to chat with me (as many others in the combatives room would do as it was a casual collegiate atmosphere). After a bit of idle chit chat, he suddenly grinned and asked if I'd like to spar with him. Before I could politely decline, his coach came tearing over, grabbed the heavyweight by his shoulder, and dragged him off yelling at him to never spar with someone he didn't know! After tongue lashing the boxer, the coach even came over to apologize to me! Boy, did I feel embarrassed! At the same time, I was deeply moved by the coach's actions, shook his hand, and apologized in turn for disrupting his practice.

Luckily, things worked out well -- the heavyweight came to me to apologize the next day, and I told him not to worry about it. I eventually became friends with a number of the boxing club members and was even invited to work with them every so often.
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Old 08-26-2010, 10:51 AM   #15
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Osu!

Sounds like a very well run club, Harukaze. The coach certainly had his people's best interests at heart.

Osu!
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Old 08-26-2010, 05:48 PM   #16
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Quote:
Originally Posted by jcarmello View Post
...But what comes around goes around so I will be sad at how idiots and a litigious society can ruin thing for everyone.
I'm just shaking my head at your story... *sigh*

Off topic, but seeing the article made me think about this:
http://www.cbc.ca/canada/toronto/sto...cer-fraud.html

Quote:
Originally Posted by harukaze View Post
...I was deeply moved by the coach's actions, shook his hand, and apologized in turn for disrupting his practice.
That's one heck of a coach!

I've trained with at least one person who was subject to a "schooling" in a Kyokushin dojo. He threw away his certificates and trophies from his previous style and went all in. Obviously, he was hungry for the real deal.
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Old 08-26-2010, 07:27 PM   #17
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Quote:
Originally Posted by Dent View Post
Osu!

Sounds like a very well run club, Harukaze. The coach certainly had his people's best interests at heart.

Osu!
Quote:
Originally Posted by jcbel View Post

That's one heck of a coach!
Yeah, he was definitely a good guy and ran a tight ship. Maybe I should pay the old alma mater a visit sometime and watch a practice or two again.
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Old 08-26-2010, 07:43 PM   #18
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Quote:
Originally Posted by jcbel View Post
Off topic, but seeing the article made me think about this:
http://www.cbc.ca/canada/toronto/sto...cer-fraud.html
That is a real crime!! A crying shame!
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