Yazmin, age 16, trained for the Olympic sport of gymnastics. She traveled to compete at various events in the State of Tap (in the United States).. and throughout the country with their coach, Manny. Manny took advantage of his position as coach to sexually abuse young athletes, including Yazmin. This went on for years until the sponsor of these competitions, Tap Gymnastics, banned Manny from coaching. Manny was ultimately convicted of multiple felonies for the sexual abuse of the minor athletes he trained.
Olympic training sponsorship in Gymnastics is coordinated by USAG. USAG is a nonprofit corporation whose central function is to coordinate amateur sports throughout the country for athletes hoping to one day compete in the Olympics. USAG certifies and oversees all entities responsible for conducting and administering gymnastics in the United States, such as Tap Gymnastics.
In the wake of a series of similar instances of abuse of minors by their coaches dating back to the 1980’s, USAG mandated that sponsors such as Tap Gymnastics, adopt a safe sport program to protect athletes from such abuse.
In a negligence action filed by Yazmin against USAG, Yazmin alleged that Tap Gymnastics failed to implement the program in a timely fashion — a fact known to USAG, which had failed to de-certify Tap Gymnastics as a result.
USAG has moved for a directed verdict, asserting that as a matter of law, it owed no duty to Yazmin. Rule on this motion. Explain your answer.
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