By Ellen Rugeley
Thomas and Sheila Hannon are seeking an assault and battery charge on behalf of their son, 18-year-old Thomas Hannon Jr. The Hannon’s filed charges against Scituate High School senior Alex Way following a hit that occurred during a game between Duxbury and Scituate on January 8. The hit, which took place at The Bog Ice Arena in Kingston, happened when Way charged in from the right and knocked Hannon onto the ice following a missed goal shot. To see the incident, visit http://www.patriotledger.com/video/x1364631192/The-hit-on-Tucker-Hannon.
According to Jay Mullen, an attorney representing the Hannon’s, Thomas “suffered a Grade III cerebral concussion, memory loss, vision problems, a possible cervical disc herniation and has been bedridden,” as a result of the hit. Hannon’s injuries caused him to miss five weeks of school, including his mid-term exams, and the rest of the hockey season. In addition, Hannon said he had to sit in darkness for several weeks while recovering because light can aggravate brain injuries. “I still get headaches that I’ve never had before,” said Hannon. Mullen noted that Thomas “has also incurred significant medical expenses and remains in active medical care.”
Mullen, who shared his pleadings with Sports Litigation Alert, claims that Way intentionally took aim at Hannon’s head, and hit him after the play was over. “If this (check) was off the rink, on a public way, that is gross, negligent assault and battery,” Mullen said.
Mike Breen, the Scituate’s boys’ hockey coach defended Way saying he made a “good, clean hit,” with no intent to hurt Hannon. “He’s just not a kid that would go out to hurt anyone. He’s a real nice, polite kid,” Breen added.
Hannon’s father said he filed the complaint because Scituate’s school administrators, athletic department and hockey coaches did not respond to his family’s multiple requests for a sit-down meeting to discuss the hit. He either wanted Way to apologize to his son, or for the school district to suspend Way for two games; however, he claims neither happened.
“We didn’t come out of the clear blue with this,” said Hannon. “This could have all been taken care of with a small meeting between coaches and players. No one on their end wanted to do that.”
In a letter addressed to James J. Kelleher, superintendent of Scituate Public Schools, Mullen wrote, “The fact that you, nor any of your colleagues have initiated any disciplinary action against Alex Way, or his coach, Michael Breen, is interpreted by many as condoning this type of disturbing behavior. This act, which I would argue was intentional, could very well be construed as an aggravated assault and battery.”
In his letter, Mullen suggested that Way be suspended for at least five games. “Absent that type of disciplinary action, it is my intention to hold you along with your colleagues accountable for the severe injuries sustained by Thomas Hannon, which obviously could be avoidable.”
The Massachusetts Interscholastic Athletic Association (MIAA) did not take action against Way or Scituate High School because the game’s referees did not call a penalty on the hit. “With or without a penalty called during the game, a criminal complaint (stemming from a high school play) is really unheard of,” MIAA spokesman Paul Wetzel said.
However, filing a criminal complaint is not unheard of at the professional level. Zdeno Chara, a Boston Bruins defenseman, was the subject of a criminal investigation last year after he checked Montreal Canadiens forward Max Pacioretty into the boards during a game, causing Pacioretty to sustain a concussion. Chara was never charged.
Way’s attorney, Robert Harnais, said there is no proof that Hannon’s head injury was a direct result of Way’s check. Harnais claims the concussion could have happened shortly after the hit, when another Duxbury player shoved a Scituate player causing him to fall on top of Hannon. Harnais added that injury is part of the game, “It was an intentional hit, but every check is an intentional hit. When players sign up for hockey, they acquiesce to hits.”
Jennifer Way, Alex’s mother, maintains that concussions are a risk of playing contact sports. Jennifer stated that Alex suffered a concussion during a football game last fall, “we did not point fingers because it’s a contact sport,” she said.
The Plymouth District Court clerk magistrate will review the case and decide whether the district attorney’s office should pursue criminal charges against Way.
