Court Dismisses Negligence Claim for Physical Education Debacle

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Plaintiff, an alleged injured minor, was injured during a mandatory hockey game during her school’s physical education class. The plaintiff alleged that the injury occurred when another student tripped her by negligently placing a hockey stick in from on the plaintiff’s feet. The injured minor sought to hold the alleged negligent minor liable for negligently tripping her with a hockey stick during a floor hockey game. The alleged negligent minor and her mother moved to strike the complaint as it pertained to them. The counts were withdrawn as to the alleged negligent minor's mother.

As allegations of reckless or intentional conduct on the part of a co-participant were necessary to plead a cause of action for injuries sustained by a participant in a team contact sport and proof of mere negligence would not suffice, the negligence counts were struck as to a minor in regard to injuries sustained at school during a hockey game.

The alleged injured minor claimed to have been injured while participating in a mandatory floor hockey game which took place during a physical education class. She alleged that the alleged negligent minor negligently tripped her, despite the fact that the alleged negligent minor knew or should have known that pushing the hockey stick out in front of her would cause her to fall. She further alleged that the alleged negligent minor was negligent in that she failed to pay attention, with regard to the hockey stick she was running with, and negligently failed to warn the injured minor of the imminent contact. It was contended that the negligence counts were legally insufficient because mere negligence was insufficient to permit recovery for an injury sustained in a team sport. The court held that normal expectation of a participant in a floor hockey game would be to come into contact with another participant or another participant's hockey stick. Allegations of reckless or intentional conduct on the part of the co-participant were therefore necessary to plead a cause of action for injuries sustained by a participant in a team contact sport. Proof of mere negligence would not suffice. The motion to strike the counts against the alleged negligent minor was granted.

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Source: Lenti v. Jacobson, 2009 Conn. Super. LEXIS 2985 (Conn. Super. Ct Nov. 06, 2009)