Family wants $990,500 for student's 'severe' basketball injury

[Nevadaref]

Family wants $990,500 for student's 'severe' basketball injury
Corona del Mar High School boy suffered deep cut to hand, claim says.
By JEFF OVERLEY
THE ORANGE COUNTY REGISTER
Comments 128| Recommend 0

NEWPORT BEACH – A high school student and his parents are seeking nearly $1 million as compensation for a "severe laceration" they say the boy suffered during a freshman basketball tournament.
The injury, according to a legal claim filed against the Newport-Mesa Unified School District, occurred during a game at a Corona del Mar High School gymnasium.
The boy's right hand hit a "protruding electrical outlet with a dangerous, oversized sharp-edged metal faceplate located on an unpadded wall directly behind the basket," according to the claim, which must be filed before a lawsuit can be pursued.
A deep cut as well as "scarring and possible nerve damage" resulted, the claim says.
Laura Boss, district spokeswoman, said review of the claim is ongoing but that she could not comment on specifics of the case.
Because the student is a minor, the district redacted the names of the boy and his parents from a copy of the claim. An attorney for the family did not return a call for comment.
The injury occurred in December, and district is liable because it "violated its duty to take reasonable steps to protect students and its duty not to increase the risks inherent in the game of basketball by placing, or allowing to be placed, dangerously sharp obstructions close to the basketball hoop, where it can be reasonably foreseen that participants are likely to fall," the claim says.
The boy is seeking $785,000, of which $35,000 is for current and future medical bills, $250,000 is for lost future earnings and $500,000 is for damages.
The parents seek $205,500, mainly for damages linked to what the claim calls "emotional distress arising from witnessing the harm to their child." All told, the family is seeking $990,500.

[Smitty]

Sometimes you just have to shake your head and say....WTF???

Orange County...not surprising.

[Adam]

Surprised the officials aren't named along with the district.

[Raymond]

Originally Posted by Snaqwells

Surprised the officials aren't named along with the district.

Don't think that a lawyer won't ask if the officials noticed the safety hazard.

[mick]

I think the last four remarks were a bit cavalier.
The gymnasium was screwed up and unsafe.
A kid was hurt.
Someone must pay.

[bbcof83]

Originally Posted by mick

I think the last four remarks were a bit cavalier.
The gymnasium was screwed up and unsafe.
A kid was hurt.
Someone must pay.

But $1mil? I don't understand how this kid wants $250k for lost future earnings. I'm no lawyer but I don't understand how they prove he would have made money playing basketball when he's a 9th grader. And let's say he was guaranteed to be a pro, $250k is nothing for a pro player. Sounds like a totally arbitrary figure.

[A Pennsylvania Coach]

Originally Posted by mick

I think the last four remarks were a bit cavalier.
The gymnasium was screwed up and unsafe.
A kid was hurt.
Someone must pay....

...35k for medical bills. Not necessarily 990k.

[grunewar]

Originally Posted by Nevadaref

[FONT=Arial][SIZE=3]The boy is seeking $785,000, of which $35,000 is for current and future medical bills, $250,000 is for lost future earnings and $500,000 is for damages.
The parents seek $205,500, mainly for damages linked to what the claim calls "emotional distress arising from witnessing the harm to their child." All told, the family is seeking $990,500.

Aren't we taking this a bit too far?

I thought the point of most of this money was to help for lost future wages and damages....... i.e., now the player can no longer be a basketball superstar because he has a bad/possibly scarred hand.

Please to be explaining - How does that disqaulify him from discovering an IT company, or becoming an astronaut, or even movie star (minus a hand model of course)?

Originally Posted by grunewar

Aren't we taking this a bit too far?

I thought the point of most of this money was to help for lost future wages and damages....... i.e., now the player can no longer be a basketball superstar because he has a bad/possibly scarred hand.

Please to be explaining - How does that disqaulify him from discovering an IT company, or becoming an astronaut, or even movie star (minus a hand model of course)?

How does it disqualify him from being a handyman?

[SAK]

He can still become a basketball referee

[mcdanrd]

"located on an unpadded wall directly behind the basket,"

I do not find a rule in the NFHS rule book that addresses padding behind the basket. Is there such a rule at any level?

[mick]

Originally Posted by mcdanrd

"located on an unpadded wall directly behind the basket,"

I do not find a rule in the NFHS rule book that addresses padding behind the basket. Is there such a rule at any level?

Check Local/State/National building codes.

[dsqrddgd909]

Originally Posted by mcdanrd

"located on an unpadded wall directly behind the basket,"

I do not find a rule in the NFHS rule book that addresses padding behind the basket. Is there such a rule at any level?

Covered in general terms Rule 2-4-1.

Part 4.0.1 C Facility Conditions (Appendix for Game Management) (not Officials' responsibility)