Paralyzed pole vaulter wins lawsuit

[polevaultatty]

To All:

I am the attorney who represented USATF and USATF-CT in this lawsuit. I wanted to clear up some information about the facts of this case as the news article left out many significant details. First, at the time of the injury, the competition had not yet started. The vaulter had been told to sit tight while the site director went to get the official and then they would start the competition. The vaulter claimed he had not been told to sit tight but to warm up. While the site director was out of the building (Southern CT does ALL of its pole vaulting inside so that there is a more controlled environment), the vaulter proceeded to warm up with his teammate and another competitor. Their warm-up consisted of running back their steps, although he was the only one of three who actually did it this day. The vaulter claimed he had no idea where his start mark was even though he had been vaulting for two years and even though he had a tape measure with him. He claimed that he had to decelerate while doing his run back because of a batting cage that was at the opposite end of the runway. Despite the fact he testified that the batting cage was in his way on his run back, he then proceeded to vault without first checking his step by doing a short run or run through. He claimed he had never been trained to do that. Despite the fact that he testified that he knew his plant was under, he let go of the pole without knowing whether he was going to make it into the pit and came straight down from 12 feet in the air onto the plant box. He also claimed he had only been told to hold onto the pole if he was attempting to clear a height and not in practice.

It is because of these facts that I can only conclude that the jury was overwhelmed with sympathy for him. He testified as to his incredibly difficult life and he is a remarkable and determined young man. He did participate in the rigorous Sit Tall, Stand Tall program and did learn to walk again; however, he was in his wheelchair for the entire trial even though he gave up his wheelchair in 2004.

As for the waiver issue, Connecticut law disfavors these types of waivers. So, even though Mr. White signed a waiver of all liability prior to pole vaulting that day, the judge excluded it from evidence and ruled it unenforceable. Therefore, the jury heard NOTHING about the waiver and his express assumption of the risks of the sport.

The vaulter had originally sued Southern CT State University, but that claimed was dismissed by the Court on grounds of sovereign immunity. He had also sued USATF itself, but that claim was withdrawn half-way through trial because there was no evidence of USATF involvement in the event.

Jan Johnson and Russ VerSteeg served as our expert witnesses at trial and I cannot thank them enough. They taught me (and the jury) so much about the sport of pole vaulting. Unfortunately, it was not enough to overcome the sympathy the jury must have felt towards Mr. White and not wanting to blame him for his terrible injury, even though he was the one with the pole in his hand and no one had told him to jump, especially if he was having a problem getting his steps down. All he had to do was wait for the official, but he didn't.

I appreciate all the support that has been shown on this message board for the organizers of this event. I truly believe they did nothing wrong and could not have prevented this terrible tragedy even had they been standing right there. The organizers of this event are all volunteers who have given countless hours to the training of young athletes in track and field. I would hate for anyone to be deprived of their service and guidance as a result of this verdict.

[rainbowgirl28]

polevaultatty - Thank you so much for sharing more information about this case. It sounds like you did a great job in your defense. Jan and Russ are two of the most experienced expert witnesses we have.

Is there any chance this could be overturned on appeal?

[rainbowgirl28]

Here is what an article looks like when you only get one side of the story...

http://06880danwoog.com/2009/05/16/pole-vault-perils/

Pole Vault Perils
May 16, 2009 · No Comments

On June 15, 2002 — just a week before graduation — Wilton High School senior Brandon White attended a Junior Olympics track meet at Southern Connecticut State University.

He was 1 of the top pole vaulters in the state. But during warmups he fell in the box — the spot where vaulters plant their pole — and broke his back. He’s been paralyzed ever since.


Wynne Bohonnon
His lawyers — Westporter Wynne Bohonnon and Wynne’s cousin, John Wynne — lived with the case for 7 years. Researching the defendants — USA Track & Field, and USA Track and Field Connecticut, the sport’s governing bodies — they found no reported cases involving pole vaulting.

However, Bohonnon says, 2002 alone saw several catastrophic injuries. Two pole vaulters were killed; 1 was paralyzed. He calls the lack of reported cases “bizarre.”‘

Convinced they would win, the defendants made only 1 offer to settle. Pole vaulting is, after all, an inherently dangerous sport.

But, Bohonnon says, the SCSU runway did not conform to USA Track & Field’s own rules. A batting cage impeded Brandon’s ability to measure his steps. And though regulations required 4 officials at the pole vault event, there were none.

During the 7-year journey, Bohonnon learned a lot about Brandon’s life in a wheelchair. The attorney was stunned to find, in the entire New Haven courthouse, not 1 handicap-accessible bathroom Brandon could use.

This week, the jury awarded Brandon $6.4 million. It is, Bohonnon says, a ground-breaking judgment — the first of its kind against the powerful athletic organization.

The insurance impact on future events could be immense. More importantly, Bohonnon says, greater attention paid to safety resulting from the decision may give every track and field parent a bit more peace of mind.

[achtungpv]

As for the waiver issue, Connecticut law disfavors these types of waivers. So, even though Mr. White signed a waiver of all liability prior to pole vaulting that day, the judge excluded it from evidence and ruled it unenforceable. Therefore, the jury heard NOTHING about the waiver and his express assumption of the risks of the sport.

That's scary. I wonder what other states disfavor liability waivers. Definitely something to be concerned about if you run a club.

[decanuck]

The vaulter had originally sued Southern CT State University, but that claimed was dismissed by the Court on grounds of sovereign immunity. He had also sued USATF itself, but that claim was withdrawn half-way through trial because there was no evidence of USATF involvement in the event.

Thank you for speaking here about this case. I must say, as an aside from a person with an interest in this type of American law, I'm shocked the court would dismiss the claim against the university on these grounds. I'm curious...was it because of a law specific to Connecticut? Because I thought the Federal Tort Claims Act waived sovereign immunity for parties that suffered a tortious loss due to the action of the state or a state employee?

That's scary. I wonder what other states disfavor liability waivers. Definitely something to be concerned about if you run a club.

All the more reason for those who run small clubs to legally incorporate them so as to limit the amount of money for which they can be held liable (i.e. their investment in the corporation). If there are any coaches on this site that haven't done so, take heed! A few hundred dollars to incorporate could prevent a future bankruptcy.

Without knowing much about how policies are underwritten, I would worry that this incident may cause insurance companies to zero in on pole vault, specifically, as a high-risk hazard and either refuse to insure it or back charge exorbitantly for coverage. Either case could result in pole vault being dropped from entire states.

[rainbowgirl28]

All the more reason for those who run small clubs to legally incorporate them so as to limit the amount of money for which they can be held liable (i.e. their investment in the corporation). If there are any coaches on this site that haven't done so, take heed! A few hundred dollars to incorporate could prevent a future bankruptcy.

Yes, or better yet, team up with a local track club that is already incorporated. Work out the details. They get the benefit of your kids scoring points for them at JOs. You get the benefits of being a USATF-affiliated club and none of the headaches of running a business.

Without knowing much about how policies are underwritten, I would worry that this incident may cause insurance companies to zero in on pole vault, specifically, as a high-risk hazard and either refuse to insure it or back charge exorbitantly for coverage. Either case could result in pole vault being dropped from entire states.

This comment is dead-on. There is a very real chance that this single lawsuit could drastically change the face of the sport in this country. And if this lawsuit doesn't do it, we are only one or two more lawsuits away from it happening.

[vaultmd]

Now I know why there was a presentation on waivers during the staff meeting in Reno.

[superpipe]

I'm not an expert on this business stuff, but I did create an LLC ( Limited Liability Comapny ) for my USATF certified pole vault club, Mansfield Athletics Pole Vault Club, in Vermont. I actually created the LLC because I'm coaching freestyle snowboarding in the winter, but I figured I'd use it for the club too.

You get the benefits of being a USATF-affiliated club and none of the headaches of running a business.

In response to Becca's above comment, it is actually very easy and inexpensive to start an LLC ( Limited Liability Company ) in any state. In general, you fill out some simple paperwork, determine a unique name for your business and pay about a $100.00 one-time fee and you own an LLC business.

I did create my own waiver using what I found from some other pole vaulting clubs, snowboard organizations and what not, but I'm not entirely sure how effective it is. I assumed I should have this for my LLC so I did one. Interestingly, the best waiver document I found was from the USASA ( Amatuer snowboard organization ). I used the snowboard one and revised it to work for my pole vault club. Freestyle snowboarding is very similar to vaulting with respect to possible severe injury. I would state that pole vaulting is 100 times safer than snowboarding as long as you have a trained coach. Regardless of great coaching, there's no "safe" way to learn tricks. You will fall learning tricks. Anyway, here is the waiver I created if you're curious:

http://www.mansfieldathletics.com/pole_ ... waiver.pdf

For those of you unfamiliar with LLC or having a company for your vault club, the main purpose is to separate your personal assets ( house, money, etc... ) from the company's assets ( the club's assets. In my case zero. Depends upon what you claim your company owns ). Will this hold up in every lawsuit? No, but it sure makes it extremely difficult for someone to come after your personal assets. Again, I'm no expert, but this is some of the stuff I researched on it.

[vcpvcoach]

Is this lawsuit the reason for the newish rule about having a coach or meet official present during warm ups?

[polevaultatty]

The vaulter had originally sued Southern CT State University, but that claimed was dismissed by the Court on grounds of sovereign immunity. He had also sued USATF itself, but that claim was withdrawn half-way through trial because there was no evidence of USATF involvement in the event.

Thank you for speaking here about this case. I must say, as an aside from a person with an interest in this type of American law, I'm shocked the court would dismiss the claim against the university on these grounds. I'm curious...was it because of a law specific to Connecticut? Because I thought the Federal Tort Claims Act waived sovereign immunity for parties that suffered a tortious loss due to the action of the state or a state employee?

The lawsuit against Southern was not brought under the federal tort claims act - that is only for claims against a federal actor, not a state actor. In order to bring a claim against the state in CT, you have to either get permission to sue from the Claims Commission or the General Assembly (Ct legislature). Although plaintiff initially filed his claim against Southern Ct with the Claims Commission, he withdrew it right before the hearing date and then filed suit in state ct. Since he never obtained permission from the Claims Commission or the GA, Southern's motion to dismiss was granted and they were out of the case.

[LHSvaulter]

Since I attend Southern, this is pretty big news around the older track team members. While talking with my closer team mates, we haven't been able to figure out where the 6.4 million is coming from. If I am interpreting polevaultatty's last post, it sounds like the school is not being sued anymore? Maybe someone can clear this up for us.

[rainbowgirl28]

Since I attend Southern, this is pretty big news around the older track team members. While talking with my closer team mates, we haven't been able to figure out where the 6.4 million is coming from. If I am interpreting polevaultatty's last post, it sounds like the school is not being sued anymore? Maybe someone can clear this up for us.

The Connecticut Association of USATF was the one that was sued and lost. They carry liability insurance, so their underwriter is the one who pays the money.