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.

[fiasco]

Originally Posted by bbcof83

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.

I don't know how severe his injury was, but an injury to the nerves in the hand can be pretty debilitating. It doesn't necessarily mean he was going to play pro ball. Not having the use of your hand can mean you can't do a lot of stuff.

[grunewar]

Originally Posted by fiasco

I don't know how severe his injury was, but an injury to the nerves in the hand can be pretty debilitating. It doesn't necessarily mean he was going to play pro ball. Not having the use of your hand can mean you can't do a lot of stuff.

For example, maybe he can't be a hand model.

While the $ figure does seem a bit arbitrary, fiasco is right.

[Raymond]

Originally Posted by bbcof83

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.

Do you know how expensive it is to live in Orange County?

[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.

[Raymond]

Originally Posted by A Pennsylvania Coach

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

That is still negligence. You shouldn't get away with just medical bills.

[Smitty]

It's also easy to jump to conclusions. No one knows how bad the kid was hurt or if he actually suffered any long term damage. No one knows if the accident was a freak accident or there really was a piece of metal jutting out from the wall just waiting for someone to rip their hand open on it. I can see paying the medical bills and maybe a little more if it really was an accident waiting to happen, but not a million dollars. Seems a tad excessive. Stuff happens. Sometimes an accident is just an accident.

[mick]

Originally Posted by bbcof83

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.

The number means nothing to me.
I am guessing the $990K will not be the final number. The number is irrelevant to me, because I am thinking that number will find it's own level either in court, or out of, court.

Someone was derelict and someone must pay.

If you want to sue for a million dollars for an injury to your kid, that, too, is fine with me.

[Raymond]

Originally Posted by Smitty

It's also easy to jump to conclusions. No one knows how bad the kid was hurt or if he actually suffered any long term damage. No one knows if the accident was a freak accident or there really was a piece of metal jutting out from the wall just waiting for someone to rip their hand open on it. I can see paying the medical bills and maybe a little more if it really was an accident waiting to happen, but not a million dollars. Seems a tad excessive. Stuff happens. Sometimes an accident is just an accident.

A million $$$ in Orange County is not the same as $1M in other parts of the country. Million $$$ homes in Orange county would be $150-250K in other parts of the country.

Originally Posted by fiasco

I don't know how severe his injury was, but an injury to the nerves in the hand can be pretty debilitating. It doesn't necessarily mean he was going to play pro ball. Not having the use of your hand can mean you can't do a lot of stuff.

Aye, like a typist, or a machinist, or...hmmm...plenty out there, just can't think of it all. For me, it would be the end of my teaching career since I teach sign language, and I definitely need my hands for that. But this whole thing brings a good point, how does one figure future potential income from the loss of use of the hand, etc.?