Sentences with phrase «alleged breach situations»

Not exact matches

Rather, the asserted basis for liability is founded in: Mr. Kelley's alleged unreasonable conduct in physically contacting Mr. Kraft's body in a manner that prevented him from safely exiting the ATV; and Mr. Kelley's breach of a pleaded duty «not to obstruct, delay or prevent Mr. Kraft from exiting the ATV in an emergency situation».

Given that the Tribunal can not award punitive damages or legal costs and typically does not award damages for lost future earning capacity and future therapeutic treatment (all of which were awarded in Olympia), it would appear that civil actions should be given serious consideration in situations where an alleged breach of the Code involves factually complex or serious acts of misconduct.