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4 Concussion Litig. Rep. [1] (2015-2016)

handle is hein.hackneytwo/cclrpt0004 and id is 1 raw text is: July 2015, Vol. 4, No. 1 Timely reporting on developments and legal strategies at the intersection of sports and concussions- articles that benefit practicing attorneys who may be pursuing a claim or defending a client. Contents Court Weighs in on Recklessness Standard in Concussion Case involving School District and Coach Examining the Purported Safety Benefits of Synthetic Turf Fields Rigged Game: The Florida Supreme Court's Decision in Plancher and the Abuse of Sovereign Immunity in Sports Law Insurers and Insureds Could be at Odds over Sports Concussion Lawsuits Ohio Court Reinstates Concussion Lawsuit against Bowling Green State University Focus of University of Illinois Concussion Lawsuit Is Whether Defendants Followed Protocol A New Paradigm for Understanding Incapacitating Post-Concussion Syndrome Who's to Blame for Iowa High School Football Player's Concussion? Cheerleader Sues after Performing Stunt that Led to Concussion In Teaming Up with USA Football, Oregon Gets Proactive about Concussions Former WWE Superstar Offers Perspective on His Concussion Lawsuit Court Weighs in on Recklessness Standard in Concussion Case involving School District and Coach A state court in Massachusetts has delivered a small victory to former high school student athlete Amy Dugan, who sued her coach and the school after the defendants allegedly mishandled a concussion she suffered, leading to multiple concussions. Specifically, the court denied the defendants' motion for judgment on the pleadings, which was premised on their argument that Dugan chose to play in a competitive sporting event, (and) may only pursue tort claims against them upon an allegation that they engaged in willful, wanton or reckless conduct. The incidents leading to the litigation occurred on October 2011 when Dugan was a high school junior at Thayer Academy and a member of the school's varsity field hockey team. The other defendant was Head Coach Erin Cash, a paid employee of Thayer. On October 7, 2011, the team played a game in Concord, New Hampshire. During that game, Dugan was hit in the head by a field hockey ball and suffered a head injury and/or a concussion. Cash witnessed the incident, according to the complaint. But did not attempt to determine whether she had suffered a concussion or other injury as a result and did not remove her from the game. At no time during or after the game did Cash ask Dugan if she had any symptoms related to the head injury or communicate the nature of the injury to her parents, Thayer's athletic director or school nurse, or any medical professional, according to the complaint. Allegedly, Dugan attended the team's practice on October 11, 2011 although she had not been evaluated by, or received clearance from, a duly licensed medical professional following her October 7, 2011 head injury.

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