|sue, which decided in favor of the defendant. On appeal, the court reversed and remanded, holding that the trial court's instructions were
erroneous. The court's discussion of intervening causes in medical malpractice cases is especially noteworthy.|
The point to be made is that the failure to provide adequate emergency medical assistance to an injured spectator would seem to provide a viable cause of action to the injured spectator, at least to the extent it can be shown that the injuries were aggravated by the lack of such care.
|6. The spectator as a defendant. There are a number of obvious contexts in which spectators could find themselves on the receiving end of a summons and complaint. Overzealous fans are potential tortfeasors in a variety of fairly common situations, such as throwing debris on the playing surface or at the participants, including referees; fighting for souvenirs; and brawling with opposing fans. A number of years ago, it was quite popular at college football games for a group of fans to engage in what can be described as a "fan toss," wherein a fan was literally tossed about the crowd. If the human plaything is injured, are these fun-loving fans joint tortfeasors?|
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