Softball Player Hit By Bat Awarded $1.1 Million After Lawsuit
Softball Player Hit By Bat Awarded $1.1 Million After Lawsuit
Emily McGinley, softball player hit by bat awarded $1.1 million after lawsuit.
A high-school softball player who was struck in the head during practice was awarded $1.1 million after a lawsuit in Upstate New York.
Emily McGinley, who was listed a plaintiff with her father Gregg, sued the school district in 2014 after the incident one year earlier left the teen with a concussion and brain-injury symptoms, per the suit. The news was first reported by the Poughkeepsie Journal.
A jury in Dutchess County Supreme Court came back in favor of McGinley earlier this month, awarding her the payout. The money will be paid through the Spackenkill Union Free School District's insurance and there will be no appeal, the Journal reported. McGinley was 15 years old and student at Spackenkill HS at the time.
The scary accident occurred on March 13, 2013 when a softball practice was moved inside by coach David Maffei due to bad weather, the suit said. She was hit during a soft-toss batting drill while standing behind another group that was doing the same drill.
McGinley lost consciousness as a result of being struck by the bat. No helmet was required for the drills.
McGinley's attorneys, Brian Acard and Christopher Camastro, argued to the jury that the school district did not provide adequate training for coaches and didn't have policies for when practices moved in doors, like a reasonable coach-to-student ratio.
Spackenkill Superintendent Mark Villanti said changes have been made to school policy since the incident, but didn't specify as to what they were.
"At this point, we feel badly for the student-athlete and her family, and we do not plan to engage in a public debate over the facts as they are presented in this press release," Villanti told the Journal. "We have confidence in our athletic department and regret that this accident took place."
Written by Marc Raimondi
Emily McGinley, who was listed a plaintiff with her father Gregg, sued the school district in 2014 after the incident one year earlier left the teen with a concussion and brain-injury symptoms, per the suit. The news was first reported by the Poughkeepsie Journal.
A jury in Dutchess County Supreme Court came back in favor of McGinley earlier this month, awarding her the payout. The money will be paid through the Spackenkill Union Free School District's insurance and there will be no appeal, the Journal reported. McGinley was 15 years old and student at Spackenkill HS at the time.
The scary accident occurred on March 13, 2013 when a softball practice was moved inside by coach David Maffei due to bad weather, the suit said. She was hit during a soft-toss batting drill while standing behind another group that was doing the same drill.
McGinley lost consciousness as a result of being struck by the bat. No helmet was required for the drills.
McGinley's attorneys, Brian Acard and Christopher Camastro, argued to the jury that the school district did not provide adequate training for coaches and didn't have policies for when practices moved in doors, like a reasonable coach-to-student ratio.
Spackenkill Superintendent Mark Villanti said changes have been made to school policy since the incident, but didn't specify as to what they were.
"At this point, we feel badly for the student-athlete and her family, and we do not plan to engage in a public debate over the facts as they are presented in this press release," Villanti told the Journal. "We have confidence in our athletic department and regret that this accident took place."
Written by Marc Raimondi
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