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ARTICLE ID 42184

SCHOOL DISTRICT NEGLIGENCE - UNPADDED METAL POLE ADJACENT TO FOOTBALL FIELD - MINOR PLAINTIFF WAS TACKLED DURING PRACTICE AND COLLIDED INTO A 25 FOOT UNPADDED METAL POLE - FRACTURED CERVICAL VERTEBRAE - C-1 VENTILATOR-DEPENDENT QUADRIPLEGIC.

Cook County, Illinois

This was a negligence action against the school district for traumatic injuries sustained by a student when he collided with an unpadded metal pole while participating in football practice. The 17-year-old male plaintiff fractured two cervical vertebrae when he collided with an unpadded metal pole located adjacent to the football practice field during practice. The defendant maintained that the incident was a freak accident and they disputed liability.

The plaintiff Rob Komosa was a member of the varsity football team and was participating in a football practice on October 6, ________. He was a running back on the "scout" team and was carrying the football against the first team defense. He was running along a sideline and was struck by a teammate, lost his balance and came into contact with an unpadded, 25 foot high, steal post that was located a mere 11 feet 5 inches from the eastern most sideline. He fractured two vertebrae in his neck and is now a C1 ventilator-dependent quadriplegic. The plaintiff incurred medical expenses of $________.

The plaintiff brought suit against the school district alleging negligence. The plaintiff alleged that the placement of an unpadded metal post in such close proximity to the football field was negligent and that it was foreseeable a player could collide with the unpadded pole and sustain a serious injury. The defendant argued that they were not negligent and that the accident was a "freak incident" and not foreseeable.

The parties agreed to settle the matter prior to trial with a settlement of $________ to be paid in a structured settlement during the course of the plaintiff’s life which was anticipated to amount to well over $________ if the plaintiff has a normal life expectancy.

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