Court Weighs Recklessness Standard in Concussion Case involving School District and Coach

(Editor’s note: When the July issue of Concussion Litigation Reporter hits on Monday, the following case summary, summarized here, will be featured in its totality.)

A state court has delivered a small victory to a former high school field hockey player, who sued her coach and the school after the defendants allegedly mishandled a concussion she suffered, leading to multiple concussions.file000726425941

Specifically, the court denied the defendants’ motion for judgment , which was premised on their argument that the plaintiff assumed the risk of injury.

The incidents leading to the litigation occurred several years ago when the plaintiff was a high school junior and a member of the school’s varsity field hockey team. The other defendant was the head coach, a paid employee of the school.

The plaintiff was competing in a game when she was hit in the head by a field hockey ball and suffered a head injury and/or a concussion. The coach, allegedly,did not attempt to determine whether she had suffered a concussion or other injury and did not remove her from the game. At no time during or after the game did he ask her if she had any symptoms related to the head injury or communicate the nature of the injury to her parents, the school’s athletic director or school nurse, or any medical professional, according to the complaint.

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