(Editor’s Note: What follows is a brief excerpt from a case summary in the June 2015 Concussion Litigation Reporter. For more details on the case and numerous others, please subscribe at https://concussionpolicyandthelaw.com/subscribe/)
A federal judge has dismissed the lawsuit of a high school student athlete in a case that tested the limits to which public high school coaches, administrators and school districts can be held liable for concussions sustained by student athletes during interscholastic competition.
In so ruling, the court found that the defendants’ conduct did not abridge the plaintiff’s Constitutional rights. In addition, the defendants are immune from the state’s tort liability law. However, the plaintiff may file an amended complaint with regard to some aspects of her claim.
The plaintiff, now 17, suffered the concussion during a preseason soccer scrimmage in 2012. The plaintiff collided with another player while going for a header. The plaintiff alleged that she heard the opposing coach say she should be taken out of the game. One of her teammates allegedly told the coach that the plaintiff had been hit in the head and needed to come out of the game to be evaluated. The plaintiff stayed in for the rest of the game, during which time she had collisions with other players and headed the ball several more times. She began to experience headaches on the bus ride home from the scrimmage. The next day, she was dizzy and had black spots in her field of vision.