Child injuried while playing floor hockey: Failure to provide eye protection: Unsafe equipment: Blindness: Settlement

Law Reporter, Dec 1998

Child injured while playing floor hockey: Failure to provide eye protection: Unsafe equipment: Blindness: Settlement.

Gordon v Los Angeles Unified Sch. Dist., Cal., Los Angeles County Super. Ct., No. LC036226, July 8, 1998. Gordon, 7, played floor hockey, which was offered by a school district through its youth services program. The coach, a school district employee, allegedly made a makeshift hockey puck by crushing a soda can and wrapping it in tape. During a game, the makeshift puck struck Gordon in the right eye. He developed comeal staining and required two corneal transplants. He is now legally blind in that eye, and may lose the eye in the future. His medical expenses were about $46,400.

Gordon's father, on his behalf, sued the school district, youth services program, and coach, alleging failure to provide eye protection. The floor hockey program's developer reportedly testified at deposition that she was aware eye protection was highly recommended but chose not to purchase such protection or require its use because of ( 1) cost factors and (2) a lack of prior similar injuries.

Plaintiff also claimed defendants had negligently used unauthorized and unsafe equipment. Defendants argued that Gordon's injury was an inherent risk of the game.

The parties settled for about $1.38 million. Plaintiff's experts were Peter Baum, floor hockey, Battle Creek, Mich.; Yaren Rubinowitz, corneas, Los Angeles, Cal.; Susan Josephson, pediatric psychiatry, Los Angeles, Cal.; and C.J. Abraham, eye protection safety, Mineola, N.Y. Defendants' experts were Clayre K Petray, safety, Orange, Cal.; Noel Lustis, psychiatry, Tarzana, Cal.; and Robert S. Helper, eyes, Los Angeles, Cal. Plaintiff os Counsel:

*Steven B. Effres, Calabasas, Cal. Howard R Levine, Los Angeles, Cal.