Football Coach Blamed For Kid’s Injury During Pickup Football Game
On Oct. 28, 2000, plaintiff Robert Gerard, 12, prepared to participate in a football game that was organized by Lockport, New York, Little Loop Football Club. Robert and his teammates presented to Lockport’s Outwater Park, but the opposing team did not appear. Thus, the game was canceled, and a forfeit was awarded. Robert and his teammates heeded their coach’s instructions to remove their game equipment. After the coach departed, Robert and some of the others began playing a pickup game.The game soon attracted several slightly older boys who did not play on the Little Loop team. The boys did not play set positions but instead scattered about the field and simply tackled whoever was holding the ball. Robert tried to tackle one of the older and larger newcomers, a 15-year-old. As he did so, the older boy raised a knee to avoid the tackle, hitting the underside of Robert’s jaw and breaking it.
Robert’s mother, Suzanne Gerard, acting individually and as Robert’s parent and natural guardian, sued Lockport Little Loop Football Club. The plaintiffs alleged that Robert’s coach negligently failed to supervise the impromptu game.
Robert claimed that his coach told his team that he would try to find a team that would be willing to participate in a scrimmage that would replace the canceled game. Plaintiffs’ counsel contended that the coach thereby assumed a duty to continue supervising the boys.
Defense counsel noted that the forfeited game was the final game of the year. He also contended that no other teams would have been available for a scrimmage. Given that contention, that the season had effectively concluded and that the boys had removed their equipment, defense counsel argued that Robert’s coach would not have sought to conduct a scrimmage.
According to the club’s president and the team’s coach, league rules require that the boys play only against boys of their own age and that coaches have their teams disperse if games are forfeited. Defense counsel contended that the coach simply gave the boys the option to stay and watch another football game or to go home. Defense counsel claimed that the coach was not responsible for anything that occurred after he had departed and, as such, that there was no duty of supervision.
Defense counsel also noted that Robert had signed a waiver of release that allowed his participation in league activities. Thus, defense counsel argued that Robert assumed the risk of injury.
Robert sustained two fractures of his mandible. He underwent two surgeries, and his jaw was wired closed during the healing process.
Plaintiffs’ counsel reported that Robert does not suffer any residual pain, but that the boy bears a residual scar and suffers misalignment of teeth. He claimed that the dental problems could necessitate the application of braces or the performance of other orthodontic procedures.
Robert’s mother sought recovery of damages for Robert’s past and future pain and suffering. She also presented a derivative claim.
Defense counsel moved for summary judgment.
Judge Richard Kloch Sr. found that Robert’s claims regarding his coach’s actions were insufficient and incredible. Thus, Kloch granted defense counsel’s motion, and the case was dismissed.
Plaintiffs’ counsel claimed that Kloch’s judgment as to Robert’s credibility was an act of resolving facts, rather than simply identifying them. He reported that he intends to file an appeal.