Case Study On Rock Climbing Wall

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On December 3rd, 2008, 23-year-old Louisiana State University senior Brandy Lynn Fecke travelled with classmate Chad Culotta to the LSU Recreation Center to use the bouldering wall in order to complete a required assignment for an Outdoor Living Skills Activity course. After successfully traversing up the easier 13’ climbing wall, which did not require her to wear a harness, Fecke lost her footing on the way down, and fell, resulting in injuries to her foot and leg, and at least three surgeries. Prior to actually climbing the wall, both Fecke and Culotta paid to enter the facility, as well as executed a Rock Climbing Wall Participation Agreement, which was provided to her via LSU activity center employees. Additionally, Fecke was asked if she had previous experience with rock climbing walls, to which she answered yes, that she had been twice before, once when she was eight years old, and a second time when she was ten. Employees still reviewed safety precautions and warned Fecke of the dangers of the rock wall. With all of this in mind, Fecke still chose to climb the rock wall. Due to this …show more content…

Originally, the trial court claimed that Ms. Fecke’s ability to make money in the future, or her future earnings, was affected. However, the appellate court ruled that it was in fact her future earning capacity that was affected. This was an important distinction as Ms. Fecke was an unemployed college student, and in most cases future earnings is based on what profession the plaintiff was originally in, and how that would affect their earnings in that field. This case sets a precedent for college students without a current job, as all damages in this context will deal with loss of future earning capacity rather than loss of future

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