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Spotter at cheerleading training center is allegedly distracted and fails to assist 14-year-old infant plaintiff as she is performing back hand-spring – Displaced fractures of non-dominant radius and ulnar – Surgery – Plates remain – Plaintiff made good functional

Somerset County, NJ

The plaintiff, who was obtaining cheerleading instruction at the defendant facility contended that the spotter, who was assisting her, became distracted as the plaintiff was in the course of the maneuver, resulting in the infant plaintiff sustaining severe fractures to the radius and ulnar on the left, non-dominant side. The plaintiff, who indicated that she was not certain about the causes of the incident, because she was concentrating on performing the maneuver, presented her best friend who was next in line, and who testified that as the plaintiff was in the course of the maneuver, the spotter was distracted and did not assist the plaintiff. The defendant denied that this description was accurate. The defendant presented employees and consultants who supported the spotter’s testimony that the plaintiff suddenly commenced the maneuver prematurely.

The defendant further contended that when the incident occurred, the plaintiff’s friend did not indicate that the spotter was distracted. The plaintiff’s orthopedic surgeon, who testified by way of videotape, related that the plaintiff required surgery and the insertion of hardware that will remain permanently. The physician indicated that the plaintiff made a good, functional recovery and has resumed all of her activities.The jury found for the defendant.

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