When People Believe Sports Law Goes Too Far
Here’s a strange sports lawsuit that is sure to gain attention as the story picks up steam. A high school softball player in New York City is suing the city, her school and her coach, claiming that she injured her ankle because the coach failed to teach her how to slide.
Fifteen-year-old Alina Cerda, a freshman third baseman, alleges that she broke her ankle last season during softball practice. The basis of the lawsuit seems to be an allegation of negligent supervision:
Alina's lawyer, Clay Evall, says Brown wasn't supervising the sliding drill but had some of the team's veteran players teaching the new girls how to do it."He wasn't instructing them whatsoever," Evall said. "He told her to watch the older girls do it."
I can understand the plaintiff's misery here but I have to wonder about the extent of her damages. I realize she is in pain and she missed her entire freshman season and still has not fully recovered. But it’s December and she has several months until next season. Also, the school district's health insurance plan covered her medical costs, right? It’s doubtful that she is claiming damages from lost future earnings, as softball players do not have any earning prospects. I guess she may be claiming a lost chance at a college scholarship but that seems like a stretch. Without any damages to speak of, it seems unlikely to me that she will prevail even if the coach was found to have been negligent in his supervision.
