Parents Sue over Concussion; School District Answers

Feb 6, 2015

The parents of a high school cheerleader have sued a school district in Tennessee, claiming that the cheerleading coach at one of its schools pushed their daughter too hard, leading to a debilitating concussion.
 
The plaintiffs, Andrew and Keyana Hobdy, are seeking $300,000 in damages from the defendant, Sumner County Schools.
 
The events leading to the lawsuit began in the fall of 2013 when the Hobdys’ daughter tried out for the Portland High School cheerleading squad as a freshman and made the team.
 
Shortly thereafter, the squad’s coach, Linda Starnes, required members of the team to learn a tumbling move called a standing back handspring. The Hobdys’ daughter was uncomfortable with this stunt and told the coach that, according to the complaint. The coach allegedly told her to “quit being a baby. I’m sick and tired of playing these games, just get it over with,” she allegedly said. “You do this or you don’t practice anymore!”
 
So the cheerleader tried the maneuver, and landed on her head, according to the plaintiffs. Despite the fact that the girl’s head was “scraped and bleeding,” the coach allegedly required the girl to do the stunt again. “The girl did as instructed and again landed on her head,” according to the complaint. “When she attempted to stand, she was dazed and disoriented and her vision was blurred, and she began to cry.”
 
The plaintiffs further claimed that despite the aforementioned symptoms, their daughter was not treated after the practice and the incident was not reported.to them or the school’s administrators.
 
When the father picked up his daughter after practice, however, he knew something was wrong, and immediately drove her to a local emergency room, where she was diagnosed with a concussion,
 
The father then called the school principal, who allegedly told him that he would not interfere.
 
In January 2014, the daughter was cleared to return to the squad. But sadly, she broke her leg at a pep rally. The daughter was reportedly sent home to recover. For the next 8 weeks, her grades plummeted and she began to suffer from depression and anxiety, according to the lawsuit.
 
The plaintiffs claimed that their daughter continues to suffer from severe headaches and hypersensitivity to bright light and loud noise. The plaintiffs alleged “that these and other symptoms suffered by (their daughter) were proximately caused by her injuries and concussion while a student at Portland High School.”
 
The Hobdys alleged that the defendant owed a duty to their daughter to “act with reasonable care to provide a safe learning environment and to not knowingly or carelessly expose her to risk of serious injury.” They further claimed their daughter “has suffered and continues to suffer physical pain, emotional suffering, mental anguish, embarrassment, humiliation and loss of enjoyment of life, for which she is entitled to compensatory damages.”
 
The plaintiffs are seeking $300,000 in compensation, pursuant to the Tennessee Governmental Tort Liability Act.
 
In their answer, the defendant noted that that the Hobdys had signed a release, taking full legal responsibility for any injuries that may occur in practices or events.


 

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