Everett Gaskins Hancock Tuttle Hash LLP

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EGH Attorneys Obtain $710,000 Global Settlement for Student Injured in Gym Class

On Behalf of | Aug 12, 2021 | Firm News

EGH Attorney Jason Tuttle recovered $710,000 for a minor who suffered permanent partial vision loss due to an injury during gym class at a high school in Wake County.

The lawsuit alleged that three teachers combined 90 high school students in the school gymnasium during the last period of the last day of the 2018-2019 school year.  This was a deviation from school curriculum.  The high schoolers were allowed to choose between multiple sports or sitting on the bleachers.  The lawsuit alleged that the responsible teachers used this time to submit grades instead of supervising students.

While seated on the bleachers, minor D.M. was struck in the face by a ball kicked by a fellow student.  The lenses worn by minor D.M. shattered into this right eye.  After multiple surgeries, minor D.M. is left with 20/400 vision in this right eye and limited depth perception.  Expert witnesses included a professor of physical education at a local North Carolina college and life-care planner.

Defendants were Wake County Board of Education, three individual teachers, and a minor student.  Wake County Schools approved a settlement amount of $625,000.  The minor student was insured by State Farm, who approved a settlement of $85,000.