"Shallow Understanding" with Doug Morency and Lauren Michaels

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Billy, Doug, and Lauren jump into the tort case Harper v. Herman, where a boat captain was found to owe no duty to warn a young passenger who was injured by diving in shallow waters. The three then venture on an improv voyage starting at the dock of Lake Winnatonka, through the Coroner’s office, to a roadhouse that serves paint chips, visit an Italian restaurant, then a rival roadhouse featuring mindfulness training, culminating in a tire fire, before sailing into the sunset. Then we lay down the pretense and learn Doug and Lauren's childhood nicknames, imagined other careers, and deepest insights.
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Harper v. Herman - 499 N.W.2d 472 (Minn. 1993)
Case brief:
  • Facts:The plaintiff guest was injured when he dove off the owner's boat into shallow water. The guest filed a personal injury action against the owner of the boat, claiming that the owner negligently failed to warn him about the shallow water. The owner filed a motion for summary judgment. The trial court granted the motion. But the appellate court reversed the trial court's order. The case was appealed to the Supreme Court of Minnesota.
  • Issue: Should the boat owner be liable for the injuries sustained by his guest?
  • Answer: No
  • Conclusion: The court held that an affirmative duty to act arises only when a special relationship existed between the parties. The court, however, determined that no special relationship existed between the owner and the guest. Thus, the owner had no duty to warn the guest about the shallow water. The court ruled that the owner's actual knowledge of the dangerous condition, in the absence of a duty to provide protection, was insufficient to establish liability in negligence. The court held that the guest had no reasonable expectation to look to the owner for protection, and the owner had no duty to warn the guest that the water was shallow.
Guests:
Lauren Michaels is a dynamic actor and comedienne who was born and raised in Dayton, OH.  Her first awakening to social inequality was in Kindergarten when she realized Jewish people are a minority and that her peers would judge her for it.  It was then, at the age of 5, that she came to find the survivalist tactic of comedy.  In 2019 she made her film directorial debut with "A.I. Vibrator" at the Broad Humor Film Festival, which was the first short from Sweet Relish Films, a production collective Lauren founded in 2018. 
Bio: https://www.linkedin.com/in/lauren-michaels-7a581222/

Doug Morency  is an alumnus of The Second City Toronto, where he wrote and performed in 7 Main Stage revues before going on to direct multiple shows for the Main Stage and National Touring Company.  Since moving to LA in 2010, Doug has appeared on numerous Network TV shows including, Brooklyn Nine-Nine, Young Sheldon, Big Bang Theory, The Middle, Mike And Molly, as well as multiple appearances on Conan and Jimmy Kimmel Live
 
He currently performs as one half of The Williamson Playboys, a musical comedy duo that has appeared on NBC’s Last Comic Standing, CBC television and at The Just For Laughs Festival in Montreal.  Williamson Playboys’ music can be found on iTunes, Spotify and CD Baby.
 
Stage credits include The Drowsy Chaperone and playing Al Gore in An Inconvenient Musical.
 
Doug is a multiple Canadian Comedy Award winner including 2 for ‘Best Male Performer.'
www.dougmorency.com 




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Creators and Guests

Billy Declercq
Host
Billy Declercq
NEW: @comedylawyer@mastodon.lol AKA @ComedyLawyerHost of LAYING DOWN THE LAW podcasthttps://t.co/ulxHFSPuA5
person
Producer
Jeff Feightner
Owner/Operator of Feightner Productions, your one-stop shop for all things pod!
"Shallow Understanding" with Doug Morency and Lauren Michaels
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