Family Sues After Son Hit with Football, Suffers Concussion

The family of a 10-year-old boy, who was accidentally hit in the head by a football while waiting for school to begin, leading to a concussion and lingering neurological problems, has sued a Connecticut school district and staff members.

The boy’s family, who is represented by Charles B. Price of Price Green in New Haven, is seeking $15,000.

A fifth grader, the boy was waiting outside Martin Kellogg Middle School for school to open on March 5, 2013 when several eighth graders began tossing a football back and forth. One of the throws struck the boy below the ear, reportedly causing a concussion. The plaintiffs claim he was later diagnosed with post-concussion syndrome, and that he suffered from headaches, cognitive problems, irritability, fatigue and difficulty concentrating.

One of the issues that may arise from the litigation is that concerns were expressed by parents about the size and maturity differences between fifth- and eighth-grade students. Price claimed in the media that “representations made the prior year to parents who were concerned about their children being dropped off [and] coming into contact with older children. It’s really the violation of school policies that in our judgment led to the injury.”

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