Legal Briefs
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All articles taken with permission from "From The Gym To The Jury", Volume 20 Number 5, 2010
We will do our best to update you on the results of each article. You can also find more information at www.gym2jury.com The "In My Opinion" sections come from the same publication.


Gym to the Jury Articles

Kids and Concussions: The Effects of Head Injuries in Young Athletes

The Newark Star-Ledger recently featured a three-part series dealing with concussions and their impact on

youth sports. In the first article, Dr. Micky Collins, a leading concussion specialist, the assistant director of the

University of Pittsburgh Medical Center sports concussion program and a co-creator of IMPACT, stated, “I never appreciated how many kids have problems with this until I started seeing 15 to 20 patients a day.” Jackie Friedman writes about a “recipe for disaster” when she comments: “Athletes play for volunteer youth coaches who lack medical training. High school cheerleaders compete for coaches who have never taken a first aid course. Kids in dozens of sports at all levels play through the pain after violent collisions rattle their skulls. Then there are the parents, often too willing to rush their kids back onto the playing field.”

These alarming realities have compounded a brain injury epidemic that is crippling young athletes in New Jersey and across the nation. In high school sports alone, more than 400,000 concussions occurred nationwide last school year. Many more surely went unreported. It’s impossible to know how many thousands more occurred in youth sports from football to field hockey, soccer to softball. The total number of children who suffer sports-related concussions could be staggering. The range and severity of their short and long term medical issues could be equally staggering. Memory loss, throbbing headaches, depression — are only part of more serious medical problems that

could threaten every aspect of a young person’s future.

The series points out a number of concussion-related injuries in sports other than football. New Jersey has approximated 250,000 high school athletes. 85% of the schools have athletic trainers on staff compared to a

national average of 42%. Even with athletic trainers present, concussions are a major problem.

Dr. Collins reports that “We sometimes see that the mild injuries become severe and that severe injuries become mild. Kids who have a few symptoms, recover to play and that’s when they get hit again. These are the kids that take the longest to recover.” Dr. Collins urges—unequivocally— “the athlete be removed from play immediately until he can be intricately evaluated by medical personnel. The recovery process then necessitates a ‘constellation’ of efforts to ensure effective recovery for young athletes. Those efforts must be prevalent in the schools—both academically and athletically.”

The article concludes with several

suggestions for the recovery process:

1. Notifying the athlete’s school of the injury so teachers and administrators recognize the need for reduced cognitive stress.

2. Encouraging the athlete to reduce cognitive stress at home by eliminating text-messaging, video game play and other brain stimulators.

3. Eliminating physical exertion until the symptoms of concussion dissipate.

Star-Ledger, Newark, NJ, January 4-6, 2010

 

Player Without Hand Seeks Position on Basketball Team

Kevin Lane, a 6-11, 230 pound center is an inspiration to many athletes with disabilities. Missing his left hand and arm below the elbow since birth, Lane, a freshman, wants to succeed both on and off the court as he seeks a place on the Manhattan College team. He said, “Maybe me playing with one hand inspires others to try harder toward their goals. Or their dreams.” Lane maintained a 3.6 average in high school and 4.0 average in prep school. Lane also plans to run for president of the freshman class and become involved in campus life. His basketball coach, Barry Rohrssen, said “The Good Lord doesn’t give everyone everything, what’s missing in one part of his body, he makes up for with his heart

because that’s twice as big as

 

Sport Facility Sued for Eye Injury to Participant

John Demelio went to John Franco’s indoor sports facility to celebrate his 14th birthday. While he was taking batting practice in the batting cage, a baseball ricocheted off of a pole and struck Demelio in the eye. According to hospital records, the fourteen year-old youth sustained a detached retina. Demelio brought suit against the Brooklyn Indoor Sports Center, Inc. operator of the Indoor Sports facility for the injury to his eye.

The defendants made a motion for Summary Judgment of Dismissal based on the primary assumption of risk.

At the time of the injury, John Demelio was five feet ten inches tall, weighed 150 pounds, had played organized baseball since he was seven or eight years old and had been using batting cages since he was 10. John had used the defendant’s batting cage on numerous occasions since he was 10 or 11. The plaintiff, however, alleged specifically that the defendant was negligent: in unnecessarily creating an enhanced risk to batters by failing to properly and adequately pad the metal pole of the batting cage, failing to hang netting between the batter and the pole a sufficient distance from the pole to prevent a struck ball from ricocheting off the pole and back to the batter, failing to warn the batter of the risk of ricochet posed by the pole, failure to provide the batter with goggles or protective eyewear or head gear, maintaining the metal poles in close proximity to the batter without providing the means to protect the batter.

Demelio stated that he was not aware of any risk that a ball he hit either on a baseball field or batting cage could ricochet back at him after striking a fence or pole. Dr. Arthur Mittelstaedt, a sports and recreation safety consultant, acted as an expert witness for the plaintiff. Dr. Mittelstaedt concluded that the defendant created a ricochet risk which would not be an inherent risk in a properly constructed batting cage. The placement of metal poles in close proximity to and within the plaintiff’s forward hitting radius did not conform to safe standards of batting cage design and construction in the industry. Dr. Mittelstaedt also stated that the defendants could have padded the poles and reduced the risks to the customer.

The court concluded that the plaintiff raised a trialable issue as to the applicability of the doctrine of primary assumption of risk. The defendant’s motion for summary judgment was denied.

DeMelio v. Playmakers, Inc., Supreme Court of

New York, Kings County, 2008 NY Slip OP

28133, April 8, 2008 Decided

 

NINE GIRLS SUSPENDED FOR SOCCER BRAWL

The Rhode Island Interscholastic League suspended nine members of two girls soccer teams, Woonsocket and Tollman High Schools, “for their roles in a fight that sparked a brawl in the bleachers.” Two girls collided during play. The incident escalated and several players began pulling hair and throwing punches. During the awards ceremony that followed the match, spectators in the stands began fighting leading to the suspensions. Nine players received suspensions ranging from one to two years. The Rhode Island Interscholastic League said the punishment “shows that fighting and unsportsmanlike conduct won’t be tolerated.”

USA Today, November 18, 2009


“Fair Play” Policies

Many school systems such as the Charlotte-Mecklenburg System (CMS) and the

Guilford County School System (GCSS)—both in North Carolina—have instituted “Fair Play” polices to combat eligibility violations. Under these programs, anyone can call a hotline to report an alleged violation of eligibility rules. Callers do not have to give their names and this anonymity is deemed to be a key component by “Fair Play” policy proponents.

In 2009, the CMS received over 400 emails alleging rule violations according to the Charlotte Observer, (September 8, 2009). When athletic-related violations are discovered the offending schools, administrators and coaches are punished. Because of budget constraints, the CMS does not provide funds for athletic directors to monitor hotline calls. Calls to the hotline are fielded by an athletic office and when necessary a school district panel.

CMS spent over $1 million in 2007 to investigate allegations of wrongdoing and eligibility violations. The CMS hotline was instituted in an attempt to address issues discovered during the investigation.

The GCSS “Fair Play” policy appears to be modeled after the CMS System. The former CMS administrator who led the 2007 investigation is now the superintendent of GCSS and spearheaded the drive to institute a “Fair Play” policy in the

Guilford County School System .

Charlotte Observer, Charlotte NC, September 8, 2009

 

Referee Assulted: No One Charged

As a member of a losing football team was leaving the field, he swung his helmet at the head of a referee. The official’s nose, jaw and every other bone in his face were broken. As the official lay bleeding on the field, no one on the team that was responsible for the injury would hand over a cell phone so 911 could be called. A doctor who later treated the referee said that “he was lucky that he was not killed.”

Pete McCabe, the injured official, was a substitute who did not want to the call the game because of past incidents involving the Western New York Cougars. Safety is always concern for officials calling the semi-pro games. The Rochester (NY) Chapter of Certified Officials called the brutal assault: “An outrageous, cowardly act.” The chapter plans to discuss whether they will furnish officials in the future to the semipro games.

SODA, October 28, 2009 (Rochester, NY)

Our thanks to Gil Fried for this article.

 

UNIVERSITY HELD LIABLE FOR SEXUAL HARASSMENT OF CHEERLEADER

Kacie Chambers, a former Marshall University cheerleader, filed a lawsuit against the University claiming that she

quit the squad because she was the target of sexual harassment on several occasions. In her suit Chambers contended that the harassment included explicit remarks, flashing and exposing breasts.

The jury awarded Chambers $25,000 for “negligent infliction of emotional distress.” Marshall University officials

reported that changes have been made to improve the cheerleading program.

The Parthenon, October 18, 2009


PUSHING UMPIRE LEADS TO JAIL TIME

Ronald Reed, 48, pushed an umpire during a recreational softball game in Lima, OH. Convicted of assault on an

umpire, Reed was sentenced to 30 days in jail and ordered to stay off recreational property for two years.

Reed’s son was playing in a softball game when he became volatile over a call that led to his ejection from the

field. Gary Keller, the umpire, was shocked when Ronald Reed came on the field and pushed him to the ground. Keller was pleased with the outcome stating that “it shows people that umpires can’t be pushed around. I hope that umpires stand-up for what

they believe in.”

Referee, November 2009

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