Another ridiculous lawsuit. Must have been some freak accident for the helmet to cause that unless the coach tripped on it or something. I can see being upset at being hurt and losing wages, because that would suck, but $500K for pain and suffering? That’s when you know it’s a bunch of BS.
ROSEVILLE, Calif. (KCRA) —Joe Paris held his son’s baseball helmet in his hands and expressed frustration that the teen is now named in a civil summons filed in Placer County Superior Court by the boy’s own coach in connection with a game-winning celebration.
“At first I thought it was joke,” Paris said Tuesday. “Now, I think it’s absurd.”
Paris said his son was racing toward home plate to score the winning run during a Parkside Little League game last spring when the boy threw off his helmet in celebration.
“He was so excited,” Paris said.
In legal papers filed in court, the teen’s former coach, Alan Beck, contends the boy “carelessly threw a helmet, striking Plaintiff’s Achilles tendon and tearing it.”
The legal filings show Beck is seeking $500,000 for pain and suffering, and more than $100,000 for lost wages and medical bills.
When contacted at his home, Beck declined to answer questions regarding his legal filing.
“I cannot comment until my attorney says it’s OK,” Beck said.
Messages and emails left for the league at both the local and national level have not been returned.
Bill Portanova, a legal expert in Sacramento, told KCRA 3 that California law does allow children to be sued for their actions.
However, he said on a baseball field where there is an inherent risk of flying baseballs, bats and even helmets in the course of every game, proving the boy intended to injure, or knew his actions could cause injury, could be difficult.
“If he deliberately hurt somebody, then it’s a stronger case and a stronger case that his parents could be held liable, but kids playing a kids’ game in a contact sport — and baseball is a contact sport — that’s going to be a tougher case,” Portanova said.
Portanova pointed out that many homeowners’ insurance policies can cover legal expenses in a case like this for the defendant.
However, Paris said he doesn’t have homeowners insurance and can’t afford to continue to fight this legal action much longer.
“I’ve already spent over $4,000 and we haven’t even been in a courtroom yet,” Paris said.
This case is scheduled to be seen by a judge in March.
Or he injured it doing something else. Doesn’t the league have insurance for coaches and players? Every sports league my kids or I have been involved in have had insurance for participants and coaches. Regardless, can a 14 year old throwing a helmet cause an Achilles heal to rupture? And wouldn’t you assume that being on the field, you could get injured in some way? What if a ball had hit him on the head?
I don’t see how throwing helmet can do that unless it was some freak thing. The leagues have insurance, but not sure what that covers. You would think it would cover this.
Maybe the coach didn’t have insurance. Obviously can’t get workers comp for his job.
The coach’s big hurdle is to prove intent. He has to somehow conjure something up and say that the kid intended to injure the coach specifically. Outside of that there is little to no chance in heck that the coach can collect anything, even his medical expenses and court costs.
The lawyer who took on this case to represent the coach is the epitome of the ambulance chasing lawyers and he ought to be slapped for bringing a frivolous lawsuit to court. 😡
This is silly. The kid must of carelessly flung that helmet pretty hard in excitement to cause that kind of damage. The coach just wants to get a payday. I can’t tell you how many times my own child has cuase me some potentially pretty serious injury. She gave me whiplash on a go cart track in Tenessee and on new years she hit me in the eye with a pop-it. Luckily the pop-it incident shocked me more than it caused me injury but I do wear contacts and I was thinking the worst.
Jusme, intent is irrelevant. If the coach can argue that a reasonable person would know not to do that, he has proved his case. It is also possible that he doesn’t have an attorney and is representing himself. No doubt this is frivolous and should be thrown out, but the poor parents of the kid are already out 4k. Cases like this are an example of why people and/or attorneys who file cases like this should have to repay any and all costs for the guy defending himself. Sadly it doesn’t happen like that though.
The coach is a douche. I have coached several sports at several levels, and the very first thing we teach is safety. Both for players and everyone else on the field. Things happen during the course of a game that you cannot predict, so you dang sure better have your head on a swivel when you are on or around the field of play. This guy is probably looking for somebody, anybody to pay for his loss. I don’t think he came up with suing the kid on his own, but that is on of the dumbest things I have ever seen. I hope he gets counter-sued for costs plus emotion damage to this kid.
Ahh you’re are right Newmom he is suing on the theory of Negligence. So in this case they will measure based on what is expected from a “reasonable person”.
However, this is a slam dunk for the defense because the Coach assumed the risk that comes with the territory in playing little league. Like you said earlier, it is reasonably expected to have bats, balls, helmets, gloves. etc WILL be thrown in one form of another.
That Coach would be silly to continue sinking money in this lawsuit, as I said his Attorney should be sanctioned for bringing frivolous suits.
I got sued for $10,000,000 in the early 80s because a listing I took didn’t lease well. I wasn’t formally served, but got a certified letter from the client’s attorney of notice of intent to litigate and the damages.
So……being a professional as I am…
I called the attorney and told him I certainly understood Doug’s concern, and would he take $5,000,000 cash today to settle? The ass said he’d “confer with his client” and I told him that conference would be about as beneficial as his lawsuit which did, in fact, give the office a few moments of hysterical laughter, just as you on the speakerphone is doing now, and as my offer as well. I asked him to convey to Doug that he could GFH and you do the same.
That was the end of that. The place did lease—-after about 6 more years.
I have no problem with most lawyers. I get on fine with most of them. These guys….like the plaintiff here….you can eat for lunch unless they have a bankroll behind them and most do not.
Here’s a little more to the story. The guy does have an attorney, who claims the coach is a “victim” and the kid was wrong to throw the helmet like that. Has he ever seen a major league game? Guess all those players are wrong, too.
He sued the League. When you sign up to coach or play you sign a waiver. Not sure that completely protects the league if for some reason they were negligent.
Still haven’t heard how he got hurt. The kid threw his helmet. But did it hit the coach in the Achilles? Did the coach step on it and something happen? Is his Achilles made out of paper mâché? He’s still in a wheelchair 10 months later? That’s ridiculous.
I don’t think it matters how the coach got hurt. Unless the kid intentionally threw it at the coach (which nobody says happened), the Coach and the lawyer are scum.
Yeah. Somebody needs to cap his other achilles…
I’ve never seen/heard of a ruptured Achilles from a direct blow from a thrown object.
This guy is a quack, er, chiropractor in Roseville, so I’m guessing he’s no stranger to the personal injury game.
Again, you know how I feel about this. Kill all the lawyers…
There must be tons of witnesses to this incident – everyone watching the game. Did the coach have to be carried away from the baseball field? You can’t just stroll to your car with a blown Achilles’s tendon.
Turns out he coached several more games before going to see a doctor weeks later. This is one of the biggest BS suits I have ever seen. THe guy claims he is not suing the kid, and only wants an apology. A reporter talking to him pointed out that his lawsuit says different… The kid’s family now has pro-bono representation, and they are going to hit back hard. Too bad for all involved. Douche coach is probably going to get financially reamed.
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