Court Closes the Door on Concussed Plaintiff’s Claim, Dismissing with Prejudice

A federal judge from the has once again dismissed the claim of a former high school soccer player, who after being rebuffed twice before by the court, failed in a third bid to hold a school district and individual defendants liable for the concussion she suffered.

The player/plaintiff argued in the latest complaint that the defendants violated her Fourteenth Amendment due process right to bodily integrity. The court found that the defendants’ conduct does not “rise to the level of a Constitutional injury.” This time, it dismissed the claim with prejudice.

By way of background, the plaintiff suffered the concussion during a preseason soccer scrimmage in 2012. She collided with another player while going for a header. 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. Shhe 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. The day after that, she felt physically unable to play soccer and went to see the athletic trainer. Her mother picked her up from the trainer’s office and took her to the hospital where doctors confirmed that she had a traumatic brain injury, according to the complaint.

(For more details on this case, which was summarized in the November issue, visit https://concussionpolicyandthelaw.com/subscribe/ to subscribe.)

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