High School Basketball Player Sues Player, School After Suffering Brain Injury

A high school basketball player from Utah recently filed a lawsuit against a teammate and the school after he was punched in the head during a practice. According to the lawsuit, the student suffered several life-altering injuries as a result of the attack. The 15-year-old was on the sophomore high school basketball team when the incident occurred. The suit alleges that during a team practice, the victim “encouraged” another player to “increase his efforts.” The other player became visibly angry and demanded that the victim “meet him in the locker room.” Once practice was over, the other player approached the victim in the locker room and repeatedly told him to fight him. According to the lawsuit, the victim refused. That’s when the other player punched the victim in the back of the head. He immediately began experiencing intense pain, according to the lawsuit. The victim was taken to the hospital where he was diagnosed with traumatic brain injury.

The victim is suing both the player who punched him and the school district as well as the high school itself for negligence, gross negligence, recklessness, and willful misconduct. The plaintiff alleges that these entities are liable because they owed a duty of care to ensure the safety of their students. They also knew that the player who threw the punch had violent tendencies based on previous incidents, including incidents involving “violent altercations during athletic events.”

The student is also being sued by the victim for breaching his duty to avoid harming others. His conduct negligently resulted in severe and permanent injuries suffered by the plaintiff, according to the lawsuit.

Intentional torts 

Most tort lawsuits are based on a theory of negligence. Indeed, the school and its district are being sued under a theory of negligence. However, the player that threw the punch is being sued for intentionally causing harm to the victim. This is known as an intentional tort and is a less common form of personal injury lawsuit. In an intentional tort, the victim alleges that some party intentionally caused them harm resulting in significant injury. In this case, the victim claims he suffered a significant brain injury as a result of the punch.

The school can be sued under a theory of negligent supervision. The plaintiff, in a case like this, alleges that the school district failed in its duty of care to ensure the safety of its students. In this case, they failed to stop a fight before it occurred and allowed a dangerous individual to become a part of the team.

Damages 

The plaintiff is suing for the cost of medical treatment, potential lost wages related to the injury, the impairment of bodily functions, pain and suffering damages, the ongoing cost of medical care (future medical expenses), and decreased quality of life related to the injury.

Talk to a Tampa, FL Brain Injury Lawyer Today 

The Tampa brain injury lawyers at Florin Gray represent the interests of those who have suffered a significant brain injury due to negligence or malice. Call today to schedule a free consultation, and we can begin discussing your case right away.

Source:

ksltv.com/574562/former-alta-basketball-player-files-lawsuit-after-receiving-life-altering-brain-injuries