On Sept. 17, 2003, plaintiff Alexander Grossman, 11, a student, was playing football as a member of the New City Rams, a Pop Warner Little Scholars Inc. peewee team.Alexander had previously played Pop Warner football during the 2002 season, and, during the 2003 season, he had asked to be given a chance to play quarterback. He acknowledged that he and his teammates had practiced numerous drills and scrimmages. He also admitted that he had tackled others and been tackled during the drills, scrimmages and during at least one game during the 2003 season.During a scrimmage on the night of Sept. 17, 2003, Alexander was given the opportunity to step into the quarterback position for the first time. As the team practiced the same play for the third time, Alexander was tackled by three teammates. He claimed that this hit resulted in a fracture of his right leg.
Alexander’s mother, Dina Grossman, acting individually and as Alexander’s parent and natural guardian, sued Pop Warner Little Scholars. She alleged that the league was negligent for poorly training its coaches.
The plaintiffs claimed that since that inter-squad practice was Alexander’s first time playing quarterback, he should have been provided with a red jersey, or “pinnie,” to wear over his uniform to signify that no one should hit or tackle him. Alexander also claimed that he was not given proper instructions regarding the quarterback position. The plaintiffs claimed that the coaches were liable for Alexander’s injuries and that the league did not properly train them. They contended that the coaches were often one of the players’ parents who volunteered to coach. Plaintiffs’ counsel called four parent coaches/helpers to testify that the red pinnies were used in other scrimmages and were available during this practice, but were not used. Plaintiffs’ counsel also called a sports and recreation expert, but withdrew him after he testified about his credentials and as defense counsel was about to commence cross-examination.
/CENTER Pop Warner admitted that the incident was unfortunate, but claimed that no negligent act had occurred. It contended that although a quarterback sometimes wore a red pinnie during scrimmages, it was not always used because they often practice in gamelike situations. It claimed that part of scrimmaging was learning how to be tackled and avoid being tackled. Pop Warner also contended that Alexander had assumed the known inherent risk of being tackled when he joined the team and that injuries were an unfortunate part of the game. Moreover, the defense claimed that no known established rule or regulation had been violated and that no contradictory expert testimony was received.
The trial was bifurcated, so damages were not before the court.
Alexander sustained a fracture of his right femur, necessitating two surgeries to the leg.
Alexander’s mother sought recovery of Alexander’s medical expenses and damages for his pain and suffering. She also presented a derivative claim.
The jury rendered a defense verdict. It found that Pop Warner did not break any rules and that injuries were inherent to the game.