Messages May Have Sunk Defenses in Football Injury Case
This story concerns football, severe brain injuries, and unheeded warnings. Negligence cases often turn on whether a defendant took reasonable care of something to prevent injuries. That can be based on their knowledge of a situation, how potentially dangerous it may be, and what they did (or didn’t) do about it.
When an investigation finds many warnings, insufficient action in response, and a life-altering injury, a jury could find liability and make a substantial award in a personal injury case.
Unsafe Field + Fall = Foreseeable Traumatic Brain Injury
Emanuel “Manny” Garcia got good grades in his freshman year at Corona del Mar High School in Orange County, California, in 2021. He played football, too. He fell during a practice in March of that year on a natural turf field. Despite wearing a helmet, Garcia suffered a severe traumatic brain injury, reports the Los Angeles Times.
It caused bleeding in his brain, and he suffered severe cognitive loss and emotional harm. He went into a coma, and his grades dropped dramatically. Due to his brain injury, he was considered a special education student. Despite his setbacks, Garcia graduated in June.
The focus of a 2022 lawsuit filed on Garcia’s behalf was the field’s condition, what the school knew about it, and whether it did enough to make it safe to play on. Garcia’s attorneys claim the school district failed to adequately maintain the fields despite repeated warnings of dangerous conditions that could lead to head injuries from parents and coaches in multiple sports.
The Times asked the school district for a comment on the case. They responded by stating the district:
- Regularly tests its fields
- Performs routine safety assessments and soil compaction tests
- Makes substantial improvements to their fields and athletic facilities
- Is dedicated to ongoing maintenance
Warnings the school system received about the fields’ safety paint a less rosy picture. Garcia’s attorney states that evidence obtained during the discovery included a 2016 email from the school’s lacrosse coach to the then-high school principal and athletic director. It states in part:
“I wanted to reach out and express my deep concerns for the current condition of our athletics field on our campus…Frankly, the surface on which we are asking our student-athletes to practice and compete on a daily basis is bordering on unplayable. Our fields have steadfastly become a safety concern, a liability issue and an extremely poor representation of our school.”
The high school principal received other verbal and written warnings over many years. Garcia’s attorney says they were credible, clear, and consistent.
School District Blames Student, But Later Settles Case
The response to the lawsuit would be familiar to any attorney representing injured plaintiffs. The law firm representing the school district denied Garcia suffered any injuries. If there were any, the 15-year-old’s negligence caused them because he didn’t use the “care and caution” that a “reasonably prudent” person would’ve used under the circumstances.
Despite all the negligence Garcia may have committed, the school system settled his case in August for $31 million. We’ll never know what a jury would’ve decided in this case. But chances are good the school district and its attorneys feared the verdict against them would’ve been far higher. Defendants and their insurers don’t give away that kind of settlement.
Same Story. Different Settings and Characters
Satterley & Kelley, PLLC has represented clients in personal injury cases for more than 30 years. We’ve had cases where defendants had clear warnings of dangerous situations that they ignored or failed to do nearly enough to respond.
Management may have doubted the problem was that bad. They wanted to spend resources elsewhere, other things were priorities, or they didn’t care. Others’ safety wasn’t a priority, and someone got seriously hurt as a result.
As much satisfaction as we get from righting wrongs in these cases, our clients were severely injured, sometimes with lifetime disabilities, in preventable and senseless accidents. These incidents shouldn’t have happened, but they did, and we did our part to make our clients’ lives easier and better.
Speak To a Satterley & Kelley Personal Injury Lawyer Today
If another party injured you or your child due to their negligence, Satterley & Kelley, PLLC lawyers can protect legal rights to compensation for your harm. Call our Louisville office at 855-385-9532 to schedule a free initial consultation. We can discuss the accident and your injuries. If it’s more convenient, you can complete our contact form.