Case details

School properly monitored wrestling camp, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
concentration, depression, fracture, impairment, mental, neck, psychological
FACTS
On June 19, 2014, plaintiff Austin Reyes, 14, a student at a Chino Valley Unified School District school, was participating in a wrestling camp, which was held during the summer before Austin was to enter the ninth grade. He was a beginner and had never participated in wrestling before. On the third day of camp, Austin was taken down and allegedly sustained an injury to his neck. Austin, acting by and through his guardian ad litem, Robert Reyes, sued Chino Valley Unified School District. Plaintiff’s counsel contended that the school district was grossly negligent for not properly monitoring the camp or the actions of the wrestlers. Counsel also contended that every single wrestler should have been watched while participating in wrestling. The plaintiff’s wrestling expert opined that there should be no physical wrestling on the third day of a camp and that, instead, only the moves should have been taught, as well as training. The expert also opined that physical wrestling could occur on day four or five of a camp, but added that the school district should have paid more attention to the participants engaged in physical wrestling. In addition, plaintiff’s counsel asserted that the school failed to get Austin medical treatment. Defense counsel contended that the camp properly monitored the wrestlers and provided appropriate training and that the wrestlers were watched in general. Counsel also noted that before Austin participated in the camp, Austin and his father signed a release of liability, which indicated that participants can get injured wrestling. Defense counsel further argued that Austin did not notify the camp that he was injured, as he sat by the wall at the end of the day and left when his father picked him up. The defense’s wrestling expert opined that the camp did a good job teaching the various moves and that the move in which Austin was allegedly hurt was one in which a wrestler is not ordinarily injured, so the subject accident was unpredictable. The expert also opined that a supervisor could be right next to the wrestlers when the move occurred and that there would be no way to prevent it. The expert further opined that physically wrestling on the third day of wrestling camp was perfectly acceptable, as the camp was for students to physically wrestle and not to read books on wrestling., The trial was bifurcated. Damages were not before the court. Austin sustained a fracture of the C5 vertebra. He went to a hospital three days after the subject incident, and his neck was placed in a halo brace on June 24, 2014. He ultimately underwent a cervical corpectomy on Aug. 29, 2014. Austin claimed that he still has neck pain as well as problems with his neck’s range of motion. He alleged that he wanted to participate in sports, but that due to his injury, he can no longer do so. Austin also claimed that, based on neuropsychological testing, his neck injury limited his ability to concentrate and led to his depression. Plaintiff’s counsel asserted that as a result, Austin may not be able to attend college. Austin sought recovery of $217,000 in past medical costs. He also sought recovery of future medical costs, future loss of earnings due to not being about to attend college, and damages for his past and future pain and suffering. Defense counsel contended that Austin did not have any treatment until three days after the accident and that Austin only said his neck hurt at that time. Counsel also asserted that Austin recovered well from his neck surgery and that Austin did not sustain any neuropsychological injury. In addition, defense counsel would have noted that Austin’s treating neurosurgeon claimed that the surgery went well.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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