San Luis Obispo (CA) Superior Court Judge Martin Tangeman ruled that a former high school football player can seek punitive damages against a teammate, who allegedly crossed the line with his aggression and gave the player a concussion.
The plaintiff, whose name was withheld because he remains a minor, first filed the lawsuit in May of 2015, naming his teammate, the teammate’s parents, Mission Prep High School, head coach Chad Henry and others as defendants.
The incident in question occurred during practice in August 2013. The plaintiff allegedly overpowered the teammate during a helmet-to-helmet drill. An assistant coach then allegedly made fun of the teammate for getting beat. On the next play, the teammate “used his helmet to smash into a defenseless and vulnerable plaintiff, targeting plaintiff’s helmet and head, to ensure that defendant … would beat plaintiff,” according to the complaint. The plaintiff was eventually diagnosed with a concussion, a brainstem stroke, and sensory deficits, according to the complaint. The brain injury has led to the following symptoms: headaches, walking pain, and difficulty breathing and swallowing.
The defendant and his parents countered through their attorneys, David Tedesco and Michael McMahon, that there was no evidence to support punitive damages. Rather, he was simply being “aggressive,” which is to be expected since football is “an intensely physical and combative sport.”
Judge Tangeman wrote that the argument presented by the defendants was “misplaced,” and that the plaintiff had presented a sufficient basis for alleging a punitive damages claim. In short, the defendant may have acted with malice, or conduct intended to cause injury or despicable conduct “with a willful and conscious disregard of the rights and safety of others.”
The litigation also continues against the remaining defendants.
The plaintiff, for example, alleged that such drills have been outlawed in California and that it was common knowledge that such contact can lead to catastrophic injuries. The coaches at Mission Prep “encouraged the players to engage in helmet-to-helmet contact even though the players complained of potential injury, and actual injury,” according to the complaint.
