August 13, 2013
- 81 Colleges and Universities
- 81k8 Staff and Faculty
- 81k8(1) k. In General.
While veterinary student knew and appreciated the danger that she might be kicked if the cow upon which she was attempting to perform surgical procedure was inadequately restrained, university and veterinary professor failed to establish element of the assumption of risk defense under Alabama law, that student voluntarily consented to bear the risk of harm; there was evidence that professor threatened to give student a failing grade in the class if she refused to perform the assigned surgical procedure on the cow.
Molinari v. Tuskegee University, 339 F. Supp. 2d 1293 (M.D. Ala. 2004)