A federal judge has granted summary judgment to a school district, which was sued by a cheerleader, who was injured in practice back in 2004.
However, the court left intact her claim against the coach, finding that a jury could reasonably conclude that the risk of significant injury from a fall onto the hard floor surface was foreseeable and a fairly direct result of the coach’s decision to proceed without proper matting.
The high school cheerleading squad was attempting to perform an advanced stunt, which was being introduced to the squad for the first time on that day.
The court noted that there were multiple spotters that day as the squad tried several times to perform the stunt. On the last attempt, the plaintiff flew outside the perimeter of her base and her spotters, striking her head and suffering a concussion.
This decision will be reported in depth in the November issue of Concussion Litigation Reporter next month. Subscribe by visiting: https://concussionpolicyandthelaw.com/subscribe/