Reference no: EM133684022

Malik was the supervisor of an after-school sport program (run by ASP,Inc.). Malik was also an avid fan of dodgeball, having played the sport since childhood, and he enjoyed the adrenaline rush and competitive nature of the game.Dodgeball was just one sport in a series of activities provided by the after-school sport program that included kickball, basketball, soccer, volleyball, and various other games.

On a particularly hot day in early August, Malik was supervising a group of eight 6th graders in an outdoor basketball game. The children were complaining about the heat, and the heat appeared to be taking a toll on several of them. Malik, mindful of the dangers of heat illness, believed that it was best to take his group inside. It was getting late in the day anyway, and only an hour was left until activities ended for the day. Malik took the children inside into a multipurpose play area that was set up for volleyball. Christie, a counselor with the program, was with her group of 8th graders, who were playing volleyball. She also had eight in her group. Malik suggested that they play dodgeball because Christie's group was tired of playing volleyball, and putting both groups together on one volleyball court didn't seem like a good idea. Malik suggested that they take down the net. They would leave the posts up and just warn the players to stay away from them because taking them down was too much work. Malik and Christie split the groups so that each team had four 6th graders and four 8th graders. They also warned the children about the volleyball posts. The children began to play and seemed to enjoy it. To make the game more interesting, players who were hit with the ball would sit out for only a few minutes and could then return to the game. They were instructed to sit behind the volleyball posts near the centerline when hit by a ball.

Clara was one of the 6th graders in Malik's group. Despite her age, she was one of the best players on the court. While throwing a ball, she was struck in the waist by a ball thrown by a member of the opposing team. Clara was disappointed but ran to the sidelines to sit out. As she was running, a ball was thrown by an 8th grader on the other team struck her ankle and she lost her balance. Clara fell for ward and struck one of the volleyball posts with the side of her head. Both counselors immediately came to her aid and asked her how she felt. She said that her head hurt somewhat but that she was OK and wanted to keep playing. Malik and Christie looked for swelling but saw none. Although they knew she had struck the post with a lot of force, they decided that she could keep playing. Thirty minutes later, the game ended. Clara told Malik that her head was hurting worse. The class was ending in 10 minutes, and parents were already arriving to pick up their children. Malik wasn't sure of the policy or standards relevant to head injuries, but he asked Christie to call 911. She went to make the call. She returned 10 minutes later and said that she was delayed because she didn't know that she needed to dial 9 first to call out. She finally figured this out on her own. By this time, Clara was nauseous and incoherent and could not stand up. Her mother had just arrived and was holding her. The ambulance arrived 10 minutes later and took Clara to the hospital. It was determined later that she had suffered a serious head injury. Clara's mother sued Malik and ASP,Inc., for negligence.

Questions to consider when crafting your position statement.

1. Is dodgeball an unreasonably dangerous sport? Should it be played in K-12 schools?

2. Was it improper to leave the volleyball goals in place? Did this create an unreasonably dangerous condition?

3. Should the counselors have allowed Clara to keep playing?

4. Did the delay in calling 911 increase the injury to Clara?

5. Were the children improperly matched (6th graders versus 8th graders)?

6. What procedures should have been communicated and practiced by camp personnel.