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– School Negligence – Negligent supervision – Minor plaintiff was injured when she was struck in head by a volleyball during a physical education class that was not properly supervised – Concussion – Head injury.

Fairfield County, CT

In this negligent supervision matter, the plaintiff alleged that the defendant board of education, and its teacher, was negligent in supervising a physical education class which resulted in the plaintiff suffering a head injury when she was struck with a volleyball. The plaintiff suffered a concussion, and has permanent injuries resulting from her head trauma. The defendant denied that there was any deviation from acceptable standards of care, and disputed the nature and extent of the plaintiff’s injuries and damages.

The minor plaintiff was a student at the defendant’s high school. On December 1, ________ she was attending the defendant physical education teacher’s class in the school gymnasium. While the class was practicing volleyball drills using multiple volleyballs simultaneously, the plaintiff was struck in the head with a volleyball while she was attempting to serve her own volleyball. As a result of the impact, the plaintiff suffered a head injury and was diagnosed with a concussion. She has sustained permanent damages, which will impede her earning capacity in the future. The plaintiff brought suit alleging that the defendant school board and its teacher were negligent in failing to properly supervise the students and in permitting the students to simultaneously use multiple volleyballs, which violated volleyball rules and standards for volleyball drills and created an unsafe condition. The plaintiff alleged that this was not the first time that a student had been injured during school events.

The defendant denied the allegations and disputed that there was any wrongdoing. The defendants maintained that they are not liable due to governmental immunity. The defendants also disputed the nature and extent of the plaintiff’s injuries and damages.The parties agreed to resolve the plaintiff’s claim for a confidential amount in a settlement between the parties.

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