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Barnacle last won the day on October 17 2017

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About Barnacle

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  1. Wouldn't be surprised if it helped with after game sales.
  2. For what it's worth, in my practice - and this is the area I practice in - disputed liability cases are never settled pre-suit.
  3. I did not say they could not be at fault. I said it is extremely difficult to impute liability to a principal for the acts of his independent contractor. This is and always has been the general rule of law in Alabama. The question becomes one of agency. For the purposes of tort liability, the agency question is subject to a fact based analysis centered on control. How much control does the principal have over its independent contractor? The reason I asked you whether the trucking company owns it's own trucks is because it would be a key fact in analyzing the control issue, and I'd be willing to bet my law degree that the employees driving trucks owned by the company would not be considered independent contractors for the purposes of tort liability. Whether the other "independent contractors" driving trucks not owned by the company would be considered employees would involve a lot more questions about the business that aren't important for this discussion. The point is that if a plaintiff can show that the principal has enough control over the contractor and his work, then the law treats the contractor like an employee and the principal can be held indirectly liable for that individual's tortuous conduct. Conversely, if the defendant can show that it didn't maintain sufficient control over the manner in which the contractor's business is to be conducted, then it becomes very unlikely that the principal would ever be held liable for the independent contractor's conduct. It would be up to the University's own counsel to arrange arm's length relationships with its vendors, in order to insulate itself from liability. Think of JHS like a strip mall leasing retail space to vendors. If done properly, suing Auburn for a vendor's actions would be like suing the owner of a strip mall for the bartender at Buffalo Wild Wings over-serving a patron. Good luck with that! This isn't as clear cut an arrangement as the example I just used might be, and it will take careful consideration and counsel to execute.
  4. Of what company? The specific company you were talking about? Who owns the trucks?
  5. FWIW you are talking about totally different theories of liability than what would apply here. Very easy to hold a principal liable for the actions of its agent when they are working within the scope of their employment - like a bartender or a truck driver. On the other hand it is very difficult to hold a general contractor liable for the actions of a subcontractor.
  6. Plenty of ways to limit liability. I'm sure the vendors are independent contractors.
  7. Barnacle


    I think I'd feel better committing somewhere if I knew my coach had at least somewhat of a life outside of coaching. It's the guys who go 24/7 and expect everyone around them to do the same that would worry me - especially as a parent. It's no wonder Saban's assistants don't stick around very long. Can't imagine being the wife or kids of some of those guys. It would be extremely difficult. I'm glad Gus makes family such a big emphasis. It's healthy.
  8. I went your route. Picked the pizza card. What did the cheese pizza say to the pepperoni pizza? "Slice to meet you!" Hope your Valentine's Day is better than my joke! You are loved!
  9. @McLoofus? Bad dad joke? Whaaaaaa????
  10. Yeah I don’t see the underage issue like many others do here. It’s an issue with very simple solutions, IMO.
  11. At Ole Miss, the student section is literally barricaded (or used to be) from the rest of the stadium. We had our own dedicated entrance and security. If you wanted to walk over to the rest of the stadium - to sit with family, for instance, you had to go through a check point showing you had a ticket to the other seats. You had to pass through the same checkpoint if you wanted to come back to the student section, and you couldn't bring drinks back in from the rest of the stadium. If Auburn did this, no one would have to worry about students buying beer.
  12. Good discussion 👍. I'm in support of it, personally. Would be interesting to see how other school's/communities have been impacted by doing the same in recent years. Curbing the binge drinking before games is a big deal - just have to wonder what effect it will have on it.
  13. Wish we saw more of that out of Wiley.