Archive for the ‘Coaches’ Category

(Un)Safe! – High School Softball Playing Injured During Sliding Drill; Triable Issues Regarding Increased Risks (NY)

August 31, 2015

Brown v. Roosevelt Union Free School District (New York)

A high school senior softball player was injured while participating in an infield sliding drill during softball practice on an elementary school field.  The team was practicing on the elementary school field because the high school field was being renovated.  The injured player’s mother filed a lawsuit on her behalf alleging that the coach increased the inherent risks of the softball by having her perform an infield sliding drill on a grass field.  The defendant school filed a motion for summary judgment, arguing that the claim was barred by the doctrine of primary assumption of risk.  Defendant asserted that under the law, the risks of an activity include risks associated with the construction of the playing surface and any open and obvious condition on it.  The trial court denied the defendant’s motion, and the defendant appealed.

The Appellate Division of the Supreme Court affirmed the trial court decision.  The Court concluded that “the defendants failed to establish, prima facie, that the infant’s coach, by having her perform an infield sliding drill on the subject grass field, did not unreasonably increase the inherent risks of the activity.”  In that the defendant failed to meet its burden, the Court said it did not need to determine the sufficiency of the plaintiff’s opposition papers.

Untrained Warrior – High Schooler Injured in Self-Defense Course Gets Her Day in Court (NY)

April 19, 2015

Pierre v. Ramapo Central School District (New York)

A minor high school student was injured while competing as a participant in her school’s self-defense tournament, a voluntary competition open to female students who were enrolled in an elective self-defense class taught by a physical education teacher.  The student filed an action against the school district claiming that the class was actually a mixed martial arts class and alleging that the district was negligent in allowing the class to be instructed by (and the tournament to be refereed by) a person with little martial arts training.

The defendant school district filed a motion for summary judgment, arguing that the doctrine of primary assumption of risk barred the action and that any negligent supervision on its behalf was not the proximate cause of the plaintiff’s injuries.  The Supreme Court initially denied the motion, and the defendant appealed.

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Go Team!

November 15, 2012

Kristina D. v. Nesaquake Middle School (New York)
(A cheerleader was injured when she fell from a shoulder stand during practice; she sued the district, coach and others for her personal injuries; the trial court denied the defendants’ motion for summary judgment based on assumption of the risk, but the decision was reversed on appeal.)

The minor plaintiff was an experienced middle school cheerleader who was injured performing a “shoulder stand” during practice, a stunt she had performed many times in the past.  She filed a claim alleging that the school district and the coach acted negligently by, among other things, “failing to supervise the cheerleaders properly in performing the stunt.”  The defendants filed a motion for summary judgment arguing that the claims were barred by assumption of the risk.  The motion was denied, and the defendants appealed.

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If You’re Asked, Put On Your Mask

June 28, 2011

Inherent Risks in Baseball (California – Motion for Summary Judgment)
(Injury to catcher not wearing a mask during a bullpen session deemed to be an inherent risk of the sport of baseball.)

Paul Tetreault and Don Ornelas of the law firm of Agajanian, McFall, Weiss, Tetreault & Crist LLP in Los Angeles recently obtained summary judgment on behalf of several clients in the Rancho Cucamonga District of the San Bernardino County Superior Court.  Plaintiff was injured while practicing with his baseball club team, the Chino Dirt Dawgs, when a baseball struck him in the mouth while he was catching during a bullpen session.  Evans was not wearing a catcher’s mask at the time.  He asserted a claim for general negligence against the Dirt Dawgs, and two of its coaches, Brent Billingsley and Kyle Billingsley.

The defendants filed for summary judgment based upon primary assumption of the risk, asserting that plaintiff’s injury was the result of an inherent risk in the sport of baseball and that there was no evidence that they had done anything to “increase the risks” inherent in the sport.  The trial court agreed, and granted the motion, despite plaintiff’s claim that the coaches’ failure to force plaintiff to wear the mask during the bullpen session “increased the risks.”  The court ruled that getting struck in the mouth with a baseball is a risk that is always inherent in the sport of baseball, and plaintiff’s failure to wear a mask at the time of injury did not establish a triable issue of fact as to whether the defendants increased the risks inherent in the sport.

Injured High School Track Athlete Hurdles Summary Judgment

July 6, 2008

Morales v. Beacon City School District (New York)
(Inexperienced High School Track Athlete Injured During Practice After Coach Directed Him to Run Hurdles With Minimal Instruction; Court Denied School’s Summary Judgment Due to Triable Issue of Fact Regarding Increased Risks.)

The plaintiff was a high school track athlete who had minimal experience running hurdles. He claimed that the coach told him to run hurdles, but failed to give him adequate instruction, resulting in his personal injury. Additionally, the athlete contended the hurdle he fell over was not set up properly because the horizontal bar was uneven. The defendant school moved for summary judgment on the grounds that the plaintiff had assumed the inherent risks of injury by participating in this sports activity. The court denied the motion and the school appealed

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O-U-C-H . . . . What’s That Spell?

October 24, 2007

Krathen v. School Board of Monroe County (Florida)
(High School Cheerleader Injured During Practice; Waiver and Release Signed by Parent Enforced, Negligence Claims Barred)

A high school student injured during a cheerleading practice brought a negligence action against the school board. She alleged that the school board was negligent in the following respects: (1) by failing to adequately supervise the cheerleading practice; (2) by conducting the practice without adequate preparation; (3) by using inexperienced or untrained personnel to supervise the practice; (4) by failing to place protective mats on the floor so as to cushion the impact; (5) by conducting the practice without the coach being present; and (6) by failing to abide by or follow appropriate school board policies and/or procedures relating to extracurricular activities. The defendant school board filed a motion for summary judgment based upon the “Consent and Release of Liability Certificate” signed by the cheerleader and her parents prior to her participation. The trial court granted the motion, and the cheerleader appealed.

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Fair Game

June 22, 2007

Cottrell v. NCAA (Alabama)
(Former Assistant Football Coach Sues NCAA and an Independent Scout for Defamation [among other things]; No Liability for NCAA; New Trial Granted to Scout Following Verdict in Favor of Recruiting Coordinator)

Former assistant football coaches at a state university had been charged with recruiting violations. After the charges, the coaches brought a lawsuit against the NCAA and an independent recruiting scout, alleging defamation, false-light invasion of privacy, conspiracy and negligence. The trial court granted summary judgment in favor of the defendants on all of the coaches’ claims except for the defamation claim asserted against the scout by the coach who served as recruiting coordinator. A jury awarded a verdict in favor of the recruiting coordinator. However, the Circuit Court then granted the scout’s motion for a new trial. Appeals were filed.

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