Allegations to be heard by the court as to whether a concussion from high school sports is an assault and battery.
The plaintiff claimed that when he played as a guard on the JV football team for West Chester East High School, he was sent on to the field and knocked unconscious after having already been knocked unconscious earlier in the game. He alleges he was placed back in the game rather than sent for immediate medical treatment. His claim to bring a state action is that he was deprived of his right to bodily integrity under due process in the 14th Amendment. He also claims that the school failed to accommodate him with an individual education plan. Although questions will likely be raised as to the plaintiff’s stated condition and/or desire to return to the game after the first impact, his status as a minor and the school as a state “actor” may raise new theories of consideration different from professional sporting claims.
Case Law Alert, 1st Quarter 2014