Cantwell v. University of Massachusetts and Michael Kasavana - United States Court of Appeals for the First Circuit

Cantwell v. University of Massachusetts and Michael Kasavana

By United States Court of Appeals for the First Circuit

  • Release Date: 1977-03-23
  • Genre: Law

Description

ALDRICH, Senior Circuit Judge. This is an appeal from the district court's dismissal of a diversity action for personal injury. According to her complaint, and deposition, the claim is that plaintiff Diane Cantwell, a nationally known gymnast, was a member of the gymnastics team of the defendant University of Massachusetts. On the day in question, defendant Kasavana, the assistant coach, directed her to do her mount onto the uneven parallel bars. It was, according to plaintiff, Kasavana's responsibility to stand next to the gym equipment as a ""spotter"" in order to catch anyone who fell. As she began her run to the bars, plaintiff saw Kasavana standing inside the guy wires attached to the equipment, in the spotter's position.

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