In Illinois, a former high school student sued another former student, as well as the school that they attended and the school district they resided in, for negligence.
The plaintiff, Jordan Mosetich, and the individual defendant, DeMario Webb, were participating in an intramural basketball game at Waubonsie Valley High School on Jan. 29, 2014 when a fight between the two broke out.
Mosetich, who suffered multiple injuries including a concussion, claimed that Webb was “verbally threatening” him during the game. Then, Webb allegedly pushed plaintiff from behind and intentionally fell on top of him. Finally, Webb reportedly climbed on top of Mosetich and punched him “with a closed fist about the head and face.” A police report suggested that the plaintiff suffered a broken nose, but never lost consciousness.
In his lawsuit, Mosetich claimed that the school and district, Indian Prairie Unit District 204, failed to ensure a safe environment when they did not provide Illinois High School Association referees for the game. He also faulted the defendants for not requiring a code of conduct for intramural basketball players as well as allowing the game to continue despite it “becoming increasingly aggressive and physical.”
The aforementioned police report, however, suggested Mosetich may have “instigated” the fight.
“Jordan was playing basketball and it seemed as if he was trying to pick fights the whole game,” according to the report. “There was a lot of ‘trash talking’ and things got heated. Jordan pushed the ball into DeMario’s stomach, which seemed to trigger the altercation.”
Both students were suspended for three days after the altercation. They “mutually hit one another,” according to the report. As a consequence, they were punished “equally for their actions on the basketball floor during a school-sponsored activity.”
Mosetich is seeking monetary damages from the school, the district and Webb in the personal injury lawsuit.
