Notre Dame may be forced to pay only $7500 for death.

[UP6936]

Indiana is a very conservative state. Indiana's very pro-business laws make it extremely difficult to sue large entities for much money. ESPN.com's Lester Munson writes:

"As a worker who had no dependents, Sullivan is limited to a payment of a $7,500 death benefit, according to Brad Varner, a workers' compensation specialist..."

"Is there any way for the Sullivan family to move beyond the limits of workers' compensation into a more equitable claim for damages, if they so desire?

The answer is a qualified 'yes.' There are some legal options; but all of them are difficult, if not impossible, to pursue successfully. They include: (A) a products liability claim against the manufacturer of the scissor lift that Sullivan rode to his death; (B) a claim against the company that leased the lift to the university; and (C) a claim against anyone who repaired or serviced the device. But according to Kenneth J. Allen, a highly successful trial lawyer in Valparaiso, these claims are not likely to succeed.

'Indiana law is not favorable to consumers and protects big companies and insurance companies,' Allen said."

Notre Dame faces a thicket of legal and moral issues in the wake of the death of videographer Declan Sullivan, and the NCAA faces a lawsuit challenging its scholarship limitations - ESPN

Legally, it looks like $7500 is all ND can be *forced* to pay. The speculation now is, out of guilt and sympathy, how much will a supposedly moral and caring body associated with the Roman Catholic Church and headed by priests and theologians *willingly* pay.

 

[Travisam]

I would hope ND steps up regardless of law.

 

[Igothawked]

This is interesting and true for a deceased employee under the IN Work Comp Statutes. An issue that could make additional funds available is the employment status of Sullivan. He was a student, so I don't know if Work Comp laws would apply to a student working for the school he attends or not. My guess is that he was working for tuition assistence so I don't know if he is considered an employee of the school then or not. The fact that he is still a student and still dependent on his parents could change this dramatically. But the OP is correct about Indiana being very conservative and very Pro big-business.

 

[UP6936]

Read the linked article. He was considered an employee.

 

[okeefe4prez]

But the OP is correct about Indiana being very conservative and very Pro big-business.

I had a bad feeling the work comp laws were going to come into play for this young man's family but hadn't seen any articles on it. There is a flip side, though, the work comp laws are obviously very friendly to business, but the people who have landed jobs at the factories that have located in the state are also beneficiaries of the work comp statute, provided of course they aren't injured on the job.

I didn't read the article, some states kick employers out of the work comp liability shield in instances of gross negligence or willful misconduct - is that discussed at all? If the manufacturer of the lift gets sued for products liability, that will be a great injustice, only an idiot would send someone up on one of those in those winds.

 

[pokyhawk]

So can they sue each person involved such as the AD and Kelly.

 

[big10fan]

i deal with work comp all the time as a physical therapist assistant, and it can vary quite a bit from state to state. KOK4prez is right about the gross negligence exception in most states, but i'm way too lazy to look through the probably 20 pages + of state law regarding it. depending on the entity/business, sometimes there are the possibilities of civil suits like this instance of utter stupidity, but sometimes those people are shielded by state law. this could get really, really ugly for ND if they don't pony up and settle or if the parents want to make a big real of it. this is more than about money, this could be a huge PR nightmare for ND if they let it get out of hand.

 

[cibula11]

That'll barely pay for funeral costs and most likely won't. They better build the kid a statue or wear a patch on their jerseys.....something a lot more than $7500. That's a joke, but I guess it is ND.

 

[UP6936]

That'll barely pay for funeral costs and most likely won't. They better build the kid a statue or wear a patch on their jerseys.....something a lot more than $7500. That's a joke, but I guess it is ND.

Actually, in the game that following Saturday both ND and Tulsa work a stickers on their helmets which I believe had his initials in a shamrock, or something like that.

I have no real knowledge of the situation, but from the smatterings that I have read, I am not getting the vibe that the family is out for blood at all. They have another daughter who is a freshman at ND and I believe they are a big ND family to begin with. I hate to think that school spirit would factor into this, but I suppose it would at least make one pause and allow the school a fair chance to give their side and try to make amends.