WEDNESDAY,JUNE11,2003
NEWS
THE UNIVERSITY DAILY KANSAN
COURT
University moves to dismiss suit
By Annie Bernethy
aberneth@kansan.com
Kansan staff writer
The University of Kansas filed a motion on May 27 to dismiss a lawsuit filed by Heather Fuqua, Olathe junior. The motion to dismiss said Fuqua's lawyer, James Stanley, served the wrong person, Chancellor Robert Hemenway.
Fuqua filed a lawsuit on May 1 against the University, the Board of Regents and two entertainment companies for injuries she sustained during an on-campus activity.
The Board of Regents also filed a response on May 27 denying the allegations. According to its response, Fuqua had an assumption of risk, the Regents had a lack of jurisdiction over her and she "failed to state a claim upon which relief can be granted."
Fuqua's suit claims she sustained serious permanent injuries including "disability, disfigurement and early onset of dementia" during a sumo wrestling activity May 6, 2001, at Ellsworth Hall.
According to her suit, the University and the Board of Regents "negligently failed to exercise reasonable care and diligence" when selecting its contractors and suppliers for the activity.
Although it filed a motion to dismiss, the University has not yet filed a formal response to the allegations.
"It would be inappropriate for me to talk about anything in any way on the case at this time," said Lynn Bretz, director of University Relations.
According to the suit, the entertainment companies Vinyard Entertainment Group and Kevmar Ventures Inc. "negligently supplied, furnished and equipped the sumo wrestling activity with dangerous, improper and unsafe equipment."
Ryan Malkmus, attorney for Vinyard Entertainment Group, said the company was in no way using dangerous materials and was very careful in the operation of its business.
Kevmar Ventures has not yet filed a response.
Fuqua was flown by helicopter to the
University of Kansas Medical Center facilities in Kansas City, Kan., after sustaining injuries from falling back onto the concrete and hitting her head during a sumo wrestling match. She was not wearing a helmet at the time. According to Stanley, Fuqua was hospitalized for almost two weeks with skull fractures.
- Fuqua's suit asks each defendant to pay $75,000 in damages to compensate for her injuries, attorney fees and other costs associated with the lawsuit.
Stanley said according to witnesses, operators of the activity attempted to place a helmet on Fuqua that did not fit and a man from Vinyard Entertainment, the group running the activity, told Fuqua she looked funny in the helmet and did not need to wear it.
"In light of the injuries, I am surprised they continue to have these activities on campus," Stanley said. "This is a serious situation."
After all defendants have filed formal responses, a trial date will be set.
Edited by Amy Kelly
WORLD
Two Canadian men marry for first time since ruling
TORONTO — Two Canadian men were married yesterday in the country's first same-sex wedding just hours after an Ontario appeals court ruled that Canada's ban on homosexual marriage was unconstitutional.
The appeals panel declared the current legal definition of marriage invalid and ordered Toronto's city clerk to issue marriage licenses to the homosexual couples involved in the case.
Shortly afterward, Michael Leshner and Michael Stark wed in a civil ceremony observed by Leshner's 90 year-old mother and about 50 friends and observers, most of them from the news media.
"We're blissfully happy," said Leshner, a Toronto lawyer, after exchanging rings with his partner of 22 years and offering a champagne toast outside the courthouse.
It was the latest in a series of court rulings against the federal ban, increasing pressure on Prime Minister Jean Chretien's government to change the law or let the ruling stand.
The Associated Press