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Court allows student lawsuit.(Newsroom)
In a ruling that could open the door For more lawsuits, a California court has ruled that student athletes can sue their coaches.
The case was brought by Olivia Kahn, a 14-year-old high school freshman who said she told her swim coach that she had a fear of diving. According to Kahn, he asked her to dive into the water anyway to start one of her races. She did and broke her neck.
In a California Supreme Court case that has been closely watched by nation al high school and college athletic associations, Kahn, now 22, sued her coach, alleging negligence in his training.
It was the first time state justices had agreed to hear a case against an athletic coach in more than a decade. Previously, similar cases always had been dismissed based on the doctrine of assumed liability, which students take on when they participate in sports. However, one state justice argued that Kahn's case should be heard to determine whether she was adequately trained before being forced to dive.
The final ruling, made in late August, protects coaches only to a certain extent. The state supreme court barred athletes from recovering damages if a coach behaved negligently, but permitted lawsuits against coaches whose conduct was "totally outside the range of ordinary activity involved in teaching or coaching" a sport, the ...
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Source: HighBeam Research, Court allows student lawsuit.(Newsroom)