Saturday, May 17, 2014

Edwards v. National Speliological Society case brief summary

Edwards v. National Speliological Society

Woman falls into a pit and her estate sues National Speliological Society (NSS) because the local chapter of this umbrella association was the one who put the fence up
arg is that local chapter is an agent of the NSS

It's not a agent/principal relationship
consent issue is not a big deal because NSS granted charter to the local
NSS has say on which members can go to the national meeting
local chapter has to provide documentation
power to revoke the charter
court says thate these are not enough to establish control
need more day-to-day organizational control or oversight
financial control
not enough that you just admit and kick out

1 comment:

  1. Edwards v. National Speleological Society, Inc. Sup Ct of Alabama (1987)
    a. Edwards filed a wrongful death action against the NSS after decedent slipped and fell into a well. A chain link fence surrounding the well had been put up by members of the HG, most of which were NSS members.
    b. Issue is whether HG members are agents of NSS.
    1. Constitution and by-laws of NSS clearly state that there is no “right of control” by NSS over local grottos.
    2. Each grotto has “complete freedom of action in its organization and fiscal policies.”
    3. Local grottos are not covered by the non-profit IRS tax exemption that applies to NSS.
    c. NSS not liable.


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