Case details
Basketball poles did not render blacktop unsafe: defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
face, fracture, jaw, nose
FACTS
On Jan. 8, 2015, plaintiff Jacob Binns, 14, a high school freshman at Bella Vista High School, was performing a street hockey activity during physical education class when he collided with a basketball pole on a blacktop. Jacob sustained to his jaw. Jacob’s father, William Binns, acting individually and as Jacob’s guardian, sued Jacob’s physical education teacher, Douglas Grush; Bella Vista High School; and the school’s operator, San Juan Unified School District. Binns alleged that Grush was negligent in the supervision of his class and that the high school and school district were negligent for creating a dangerous condition of public property. Plaintiffs’ counsel contended that Grush failed to exercise reasonable care in the supervision of his class and in the location and manner in which he instructed his class to perform the hockey dribbling drill. Counsel also contended that the high school and school district were negligent for creating an unsafe condition, as they allowed hockey activities to be performed in an area where basketball poles were present. Defense counsel argued that Grush’s supervision of his class of 40 students was adequate and reasonable under the circumstances. Counsel also argued that the basketball poles did not render the blacktop unsafe for the hockey activity and that the basketball poles did not present a significant risk of harm that would give rise to liability for an alleged dangerous condition of public property., Jacob sustained a fractured jaw. As a result, he was first was taken to his dentist, who diagnosed the fracture, and then immediately proceeded to a hospital’s emergency room, where multiple fractures of the jaw were confirmed. Jacob ultimately had a plate implanted in his lower jaw, and his jaw was wired shut for two to three weeks. Jacob claimed that he has continued clicking and popping of the jaw, and permanent numbness at the site of the plate implantation. Thus, he sought recovery of over $100,000 in general and medical special damages.
COURT
Superior Court of Sacramento County, Sacramento, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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