Facts

The plaintiff, a 13-year-old boy, was injured while playing dodgeball in a school gym class. He was struck on the head by a volleyball which another student threw at him from approximately 40 feet away.

The plaintiff sued the school district, alleging that the school district should have provided lighter, foam-centered balls. In addition, he contended that the school district provided inadequate supervision because the gym teacher was supervising the dodgeball game and other activities at the time of the incident.

The school district argued that it is customary for school districts throughout the nation to use volleyballs for dodgeball games. The school district contended that additional supervision would not have prevented the accident.

Injury

The plaintiff claimed that the force of the volleyball blow to the head caused an ischemic stroke. He claimed that as a result of the stroke, he sustained brain damage, aphasia and behavioral problems related to impulsiveness. He was hospitalized after the accident and underwent rehabilitation for his speech problems. He claimed that he requires medications for his behavioral problems and round-the-clock attention from a licensed vocational nurse for the rest of his life.

The plaintiff sought $720,000 for past medical expenses and $22 million for a future life care plan.

The school district argued that the force of the volleyball blow did not cause the ischemic stroke, and that the plaintiff might have been injured when he fell and struck his head on the floor.

The school district also disputed the level of care that the plaintiff claimed, contending that his behavioral problems could be controlled by medication.

Verdict Information

The parties settled for $14 million. The settlement is a structured settlement, which will result in the plaintiff recovering an estimated $96 million throughout his life.

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