Cheerleading case shows import of ‘reasonable care’ standard |
On Board Online • April 26, 2010
By Kimberly A. Fanniff
Associate Counsel
A cheerleader who struck her head on the gymnasium floor after incorrectly performing a stunt may move forward with her lawsuit against the school district. In Ballou v. Ravena-Coeymans-Selkirk School District, the Appellate Division of State Supreme Court, Third Department, concurred with a lower court that the case could not be dismissed without a trial.
Courts do not hold school districts liable for the assumed risks of competition, including injury and fatigue, inherent in team competitive sports particularly when students are properly equipped, well-trained and play voluntarily. However, school districts must exercise reasonable care to protect student athletes from injuries that may result from unassumed, concealed or unreasonably increased risks.
On the day of the accident two coaches were supervising 30 to 40 students during cheerleader tryouts in a gym. The students were instructed to break up into groups and practice stunts, cheers or motions.
Ballou was practicing a stunt known as a “prep twist,” in which a cheerleader is tossed in the air by two others, drops her left shoulder back and makes a 360-spin before landing in the crossed arms of four cheerleaders. However, Ballou mistakenly dropped her right shoulder. She was propelled forward, not backward, and landed partially off the mat, striking her head.
In seeking to have the lawsuit dismissed as a matter of law, the school district argued that Ballou was an experienced cheerleader who had successfully performed the same stunt between 10 and 20 times previously and consequently assumed the risk of injury. The court rejected the argument that assumption of risk was a complete defense.
Instead, the court found Ballou raised a genuine issue of fact as to whether the district’s supervision was inadequate and resulted in failure to exercise reasonable care to protect her from an unreasonably increased risk.
The court arrived at this conclusion based on an affidavit submitted by Ballou from a certified cheerleading coach. In the affidavit, the coach opined there were too many visual and auditory distractions in the gym, that the two coaches should not have tried to monitor two stunt groups at the same time, and they should have required the use of “spotters” and ensured Ballou’s group was properly positioned on the mat.