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South Carolina Lawyers Weekly

A week before a wrongful death case was set to go to trial, the family of a 15-year-old boy killed in 2011 during a football camp agreed to a $1 million settlement.

The case name and county are withheld due to the confidentiality terms of the settlement.

According to reports from the plaintiffs' attorneys, the boy was attending a recreational football camp for 1st through 10th graders, held at a North Carolina high school. Sponsored by the school and supervised by a varsity coach, the camp was open to the local community. High school student-athletes provided assistance and were in the process of cleaning up the field when the accident occurred.

As the workout session came to a close, the boy was with a group of students when an all-terrain vehicle, driven by a student on a mission to move water coolers from the field to the gym, headed toward them at about 20 mph. Several students jumped out of the way, reports say, but the boy jumped left and was run over by the vehicle, which the driver had cut hard to the right.

Before being taken to the nearest hospital, the boy was incoherent, but responsive. He underwent emergency craniotomy surgery to reduce swelling on the brain and remained under conscious sedation for several days until he suffered a fatal brain herniation.

Survived by his parents, the boy's estate claimed negligence against the school administration and the ATV operator. It alleged a lack of proper supervision because no coaches were on the field at the time of the accident and because the school had no policy in place prohibiting students, or minors, from operating school-owned motorized equipment.

Defense attorneys said the boy was contributorily negligent because he, according to some eyewitnesses, could see the cart approaching but didn't move out of the way until the last second. But according to reports, a parent testified that the boy didn't see the vehicle until just before it hit him and that he made an attempt to avoid it.

The plaintiff was represented by Richard N. Shapiro and Kevin M. Duffan of Shapiro, Lewis, Appleton and Duffan in Elizabeth City, and Randall J. Phillips of Charles G. Monnett III and Associates in Charlotte. The defendant was represented by Gregory C. York and Jacob M. Gehron of Charlotte.

SETTLEMENT REPORT

Type of Action: Negligence/wrongful death

Injuries: Brain injury resulting in death

Amount: $1 million

Date of settlement: June 23

Attorneys for plaintiff: Richard Shapiro and Kevin Duffan of Shapiro, Lewis, Appleton & Duffan in Elizabeth City and Randall J. Phillips of Charles G. Monnett III & Associates in Charlotte

Attorneys for defendant: Gregory C. York and Jacob Gahron in Charlotte

Has the plaintiff been successful in collecting the judgment? Yes

© 2014 Dolan Media Newswires. All Rights Reserved.

 

July 9, 2014

 

 
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