A federal judge has denied a school district’s motion for summary judgment in a case involving a volleyball coach, who allegedly suffered from post-concussion syndrome after being hit in the head with a volleyball, and her claim that the school district would not provide reasonable accommodations under the Americans with Disabilities Act for her to return to work.
In ruling for the plaintiff, the court found that material facts still needed to be uncovered before the court could grant such a motion.
The plaintiff was hired by the district under a one year contract for the 2008—2009 school year to be a physical education teacher at one of its high schools. She also was hired to coach girls volleyball and basketball. On September 9, 2008, the plaintiff was hit in the head during a team volleyball practice with a volleyball served at high velocity. After the incident, she sought medical treatment and later filed a workers’ compensation claim.
(An extensive analysis of this judicial opinion, as well as others that are relevant to sports concussions, will appear in the upcoming September issue of Concussion Litigation Reporter. To subscribe, visit https://concussionpolicyandthelaw.com/subscribe/)