Mary Lee Obtains Defense Judgment in Collegiate Women’s Water Polo Incident Seeking $21 Million in Damages

Mary Lee obtained a defense judgment following a summary judgment motion. The plaintiff argued that the University failed to initiate concussion protocols despite being on notice of a head strike during a competitive match and that she suffered severe ongoing injuries as a result. Mary Lee successfully argued that the University was not on notice as the plaintiff never reported a concussion and did not exhibit any indication of having suffered a concussion for the duration of the season, therefore the University had no opportunity to initiate concussion protocols which were readily available. Mary Lee also successfully argued that the plaintiff had expressly assumed the risks inherent to water polo which constituted a complete defense to ordinary negligence. The Court found there was no gross negligence or even ordinary negligence and dismissed the entire case with prejudice in favor of the University.