Pop Warner Player Paralyzed in Laguna Game Can Sue League for Negligence, Judge Rules

A judge today denied a request by the national Pop Warner football organization and a local chapter to dismiss a negligence lawsuit brought on behalf of a teen who suffered a spinal injury during a 2011 game that left him a quadriplegic.

Los Angeles Superior Court Judge Frederick Shaller’s ruling means that the litigation brought on behalf of Donnovan Hill of Moreno Valley by his mother, Crystal Dixon, can proceed to trial. However, the judge dismissed Dixon’s allegation of negligent infliction of emotional distress.

“I think there is a triable issue of whether there was gross negligence,” Shaller said concerning the plaintiffs’ allegations that the teenager was taught by his coaches to use a head-on tackling technique that led to his injuries.

Plaintiffs’ attorney Leonard Aragon said he was pleased with the ruling.

“I think it was absolutely dead-on,” Aragon said.

The lawsuit was filed in November 2013. The suit names as defendants Pop Warner Little Scholars Inc., Orange Empire Conference Inc., Lakewood Pop Warner and several coaches.

The boy, then 13, fractured his spine on Nov, 6, 2011, during the Midget Orange Bowl championship game at Laguna Hills High School. He was a star running back and safety for the Lakewood Lancers.

Although fatigued, his coaches sent him back into the game as a substitute for another defensive player and he was hurt while making a head- first tackle trying to prevent an opposing player from entering the end zone, according to the suit.

“Donnovan immediately went limp and dropped to the field, unmoving,” the suit says. “Donnovan told those gathered around him that he could not feel his legs.”

The boy, now 17, has minimal use of his arms and no independent movement from his upper chest down, according to his court papers.

Attorneys for Pop Warner Little Scholars argued that any negligent conduct that may have been committed by the coaches could not be attributed to their client. Lawyers for Lakewood Pop Warner and the coaches stated in their court papers that the coaches did not teach or condone head-on tackling.

City News Service