Tag Archives: negligence
(Editor’s Note: What follows is an excerpt from an article that appeared in the September issues of Concussion Litigation Report. For the full story, please subscribe at https://concussionpolicyandthelaw.com/subscribe/)
A lawsuit filed by a 13-year-old California high school student, who suffered a debilitating concussion in a freshman football game, alleges among other things that the school district in which he was a student provided medical staff for the varsity and junior varsity games, but not the freshman games.
Plaintiff Rashaun Council, of Monte Vista High School, suffered the injury in a game against Mount Miguel High School on Oct. 17, 2013. After the game, Council began vomiting, and then collapsed. Reportedly, he suffered a concussion and a subdural hematoma, and spent the next several months at Rady Children’s Hospital.
Rashaun told a local television station in San Diego, 10News, that he remembers nothing from that day and that he still has short-term memory issues.
He has retained attorney Brian Gonzalez, who told the television station that his client’s coaches …
(Editor’s Note: What follows is a brief synopsis of one of several case summaries in Concussion Litigation Alert. For details on this summary and others, please subscribe at https://concussionpolicyandthelaw.com/subscribe/)
A state appeals court affirmed a lower court’s ruling, granting summary disposition to a school district and coach, who were sued after a cheerleader suffered a concussion while performing a stunt.
In so ruling, the panel found that the plaintiff failed to demonstrate gross negligence on the part of the defendants. For example, the coach had provided weeks of training on the stunt prior to the injury.
The plaintiff was a ninth grader when she sustained an injury. After being hired by the school district, her coach became a member of the state high school athletic association and attended meetings and camps regarding cheerleading techniques, methods and safety. As the head coach, she admitted she was responsible for monitoring the safety of her players, according to the court.
Tryouts for the fall cheerleading teams occur in the early spring. To make the teams, players are required to complete various activities and skills. An assessment of each player’s activities and skills at tryouts could require between 20 and 45 minutes, and each coach completed an assessment sheet with comments. If selected, team members would practice two to three times a week beginning in April, and then attend a summer cheerleading camp.
The coach testified that to promote safety, her teams would begin each practice with 45 minutes of conditioning and strength training, which included stretching, running, sit-ups, push-ups, hand stands, weightlifting in circuits, and jumping. She testified that she relied on the association cheerleading manual, which explains how to perform every maneuver. She would explain the maneuver step-by-step to players, and when possible, more experienced players would also demonstrate the maneuver. She would teach the players the maneuvers in “progression,” from basic to more intricate or difficult. …
(For the rest of the summary, please subscribe to Concussion Litigation Reporter.)
The Canadian media outlet TSN has reported that the attorney representing Derek Boogaard has asked for an extension in his client’s concussion lawsuit against the National Hockey League because he wants to “introduce new evidence that he says will further prove that the league is responsible for Boogaard’s death.”
TSN reported that lawyer Bill Gibbs wrote the letter on Aug. 4, 2015, Bill Gibbs, writing that “as document production and deposition testimony has developed in the NHL Concussion (case), (Boogaard’s) counsel has unearthed relevant … evidence related to the NHL’s duty to its players that was not previously available.”
He added that the “documents and testimony shed light on the NHL’s assumed responsibility for making the game safe for its players and its ability to act unilaterally to eliminate dangerous elements of professional hockey, However, I am barred from disclosing the identity of, or the contents of, these documents…”
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