Brandon White - 2002 Landed in Box, Paralyzed

[rainbowgirl28]

I hope my Facebook friends don't mind if I (anonymously) post some of their comments that I got over there...

if the facility is in regulation with the standards for safety, i dont think they should be held responsible. If he didnt have a coach to watch his warm-ups, should they be responsible for having someone monitor? Would it have helped? Interesting stuff.

I don't see how USATF/CT was at fault for that. It definitely seemed a lot like a "pity" plea on the part of White. Even if he WAS being supervised, how would that have prevented him from falling into the box? His coach/anyone wouldn't have been able to get to him fast enough.

he def only won that lawsuit cause he was a "likable young man" who was permanently injured. If USATF followed all the safety regulations of the time and he signed liability waivers then he definitely shouldn't have won cause it will compromise the legitimacy of liability waivers.

just another kid trying to get some money out of a system that he is essentially going to make even worse if not ruin by doing this. These cases are what ruin sports because of the individuals own incompetency to take responsibility for his own actions. It is Not anyones fault. a metal box in the ground is a metal box in the ground. no one can spot you while you jump. just gets me annoyed, i feel bad that he is paralyzed but give me a break. 6.4 million. good job at taking money from an already deprived sport. if everything was regulation, then there should be no issues. just the persons ability to accept responsibility for their action

A tragic accident, but I'm not really sure what more USATF could have done. It's not like he was an inexperienced vaulter, and vaulters know PV can be very dangerous. I imagine he had to sign some sort of waiver prior to competing -- I wonder how they got around that.

"They" got around the release on any of several issues. His possible youth at the time of the accident, misfeasance or malfeasance on the part of USATF/CT which would render the release null and void, etc., etc.

I don't foresee this *JURY* award withstanding an appeal. Yes, I feel very sorry him, but he's attempting to "work" the system at this point.

Everyone is a conservative about stuff like this until it happens to them, but what would having an official at the site have prevented? An official cannot coach. Also suing is not the answer - unless that money is unselfishly spent on track programs to promote safety, or hire coaches. And in the end, there is no substitute for personal responsibility.

[rainbowgirl28]

If you click the link I had to previous discussions about this vaulters on this website, he was really excited because he had been spending time in Utah doing a rigorous strength training program that allowed him to walk with braces/canes and be out of the wheelchair. But in the picture in the newspaper related to the lawsuit, he is in a wheelchair (and I just confirmed that he was in a wheelchair during the trial).

So has his condition worsened? Did he give up on the program? I know many people on here found it so inspiring that he was working so hard to walk again.

[ACvault]

Becca,

I think anything that can be said regarding this incident has already been said by you or quoted from other people. I am not so sure that everyone here is so willing to offer his or her opinion due to the sensitive nature of this topic.

However I will say this. I do not think there is blame to be put on a specific person or organization. To me it sounds like this young man unknowingly (as many high school vaulters do) put himself in harm's way. I see this as a terrible accident that people should try to learn from. It also strikes me personally due to the fact that I went through four years of high school with zero coaching presence (with exception of any vault camps during the summer where I learned how to actually vault properly) and probably put myself in danger pretty much any day I practiced from a long run. I am still amazed that I avoided serious injury after doing this for four years.

I hope that Jan might post on this thread soon and possibly provide some more specifics.

[rainbowgirl28]

I moved this up to the News and Announcements forum because this could have HUGE long term effects on all of us...


I spoke with Jan earlier today about this, and here are the details as he knows from the case and such...

The meet was an outdoor meet, but they held the pole vault indoors for whatever reason (maybe their indoor setup is nicer or maybe they don't have an outdoor pit, he didn't say). There were only about 3 boys in this competition. The official was there before they had begun warming up... exactly what happened next is a little unclear, it sounds like everyone had a slightly different story. The official told the vaulters something along the lines of, "I am going to get the clipboard, I will be back in 10-15 minutes. You guys can start warming up but don't vault yet."

So the official leaves.

Brandon was a vaulter that got his step by running back. He normally ran from about ~83' or so, so that batting cage was not an issue because it was in the way of where he started his run, but he claims it was in the way of his runback. It was on wheels and he did not attempt to move it.

So he runs his step back a few times, then grabs his pole and goes (the official is still not back). He lands in the box and his life is changed forever (and he is lucky to even be alive!) There is also some speculation that he may have grabbed a bigger pole than he normally used, I don't think this was confirmed.


I don't think the official, the facility, or anyone involved with the meet did anything wrong. The presence of the official would have made NO DIFFERENCE. Who knows if the batting cage being out of the way would have made a difference. There were so many things going wrong, it is impossible to say how much that mattered.


This whole lawsuit is just really sad. While the actions and choices this vaulter made were the direct cause of the injury, I don't think he should be fully to blame. I think he is the victim of the flaws in our coaching education system.

This happened in 2002. Many states now require pole vault coaching certification, which is great. Jan has online coaching certification which is also great. But we're not there yet. There are still a phenomenal number of kids who do not understand the most basic elements of pole and grip selection, and who are coached by coaches who do not understand this either.


Does this lawsuit matter? You bet it does. This could potentially make USATF's insurance rates increase. It could make it much harder for entities not using USATF (like schools) to get liability insurance.

We had better all pray that this can somehow be overturned on appeal.

[rainbowgirl28]

Oh also, in regards to money...

I don't know what the family's medical bills looked like after this accident, but I can tell you that he had to have been a USATF member to be competing at JOs, and USATF has catastrophic secondary insurance, so while I am sure the family has had expenses, I doubt they have had to pay millions of dollars themselves.


Second, USATF's insurance underwriter attempted to settle with the family throughout this process. They were offered $3 million dollars+ to settle. They insisted that it go all the way through to trial and to the jury.

[KirkB]

It also strikes me personally due to the fact that I went through four years of high school with zero coaching presence (with exception of any vault camps during the summer where I learned how to actually vault properly) and probably put myself in danger pretty much any day I practiced from a long run. I am still amazed that I avoided serious injury after doing this for four years.

Me too.

I have a slight limp today, but this is nothing compared to how serious it could have been!

Kirk

[VaultPurple]

If i get in a car crash can I sue the police department for not making sure Im driving safely? or do I need to sue the DMV or drivers ed company for not teaching me properly?

People just need to learn that there is not a always someone to blame. Some times bad things just happen for no apparent reason. Yeah it could have been the vaulter being un safe in his approaches and hand grip. But some people like running back and otheres dont. If its what he always does and it was an indoor pit and there was nothing in his way from where he ran then it was no ones fault.

You can try and say he was 'un-educated' in pole and grip selection but no one really knows, and accidents happen to experienced vaulters too. Sometimes you just get jammed or your hand slips for some unapparent reason.


People like this are the reason the government thinks they have to protect people, because they are not smart enough to protect themselves. Just reciently all minibikes (dirtbikes and atvs under 85cc) were banned from being sold because they had too much "lead" in them to be childs toys. Truth is there could not possiably be any politition dumb enough to think a 12 year old kid is going to stick his dirtbike in his mouth, but they just needed an excuse to make them illegal because they thought they were dangerous and he needed to protect the kids with 'bad' parents that let them ride dangerous toys.

[decanuck]

Ugh...civil juries. Yikes.

[polevaultatty]

To All:

I am the attorney who represented USATF and USATF-CT in this lawsuit. I wanted to clear up some information about the facts of this case as the news article left out many significant details. First, at the time of the injury, the competition had not yet started. The vaulter had been told to sit tight while the site director went to get the official and then they would start the competition. The vaulter claimed he had not been told to sit tight but to warm up. While the site director was out of the building (Southern CT does ALL of its pole vaulting inside so that there is a more controlled environment), the vaulter proceeded to warm up with his teammate and another competitor. Their warm-up consisted of running back their steps, although he was the only one of three who actually did it this day. The vaulter claimed he had no idea where his start mark was even though he had been vaulting for two years and even though he had a tape measure with him. He claimed that he had to decelerate while doing his run back because of a batting cage that was at the opposite end of the runway. Despite the fact he testified that the batting cage was in his way on his run back, he then proceeded to vault without first checking his step by doing a short run or run through. He claimed he had never been trained to do that. Despite the fact that he testified that he knew his plant was under, he let go of the pole without knowing whether he was going to make it into the pit and came straight down from 12 feet in the air onto the plant box. He also claimed he had only been told to hold onto the pole if he was attempting to clear a height and not in practice.

It is because of these facts that I can only conclude that the jury was overwhelmed with sympathy for him. He testified as to his incredibly difficult life and he is a remarkable and determined young man. He did participate in the rigorous Sit Tall, Stand Tall program and did learn to walk again; however, he was in his wheelchair for the entire trial even though he gave up his wheelchair in 2004.

As for the waiver issue, Connecticut law disfavors these types of waivers. So, even though Mr. White signed a waiver of all liability prior to pole vaulting that day, the judge excluded it from evidence and ruled it unenforceable. Therefore, the jury heard NOTHING about the waiver and his express assumption of the risks of the sport.

The vaulter had originally sued Southern CT State University, but that claimed was dismissed by the Court on grounds of sovereign immunity. He had also sued USATF itself, but that claim was withdrawn half-way through trial because there was no evidence of USATF involvement in the event.

Jan Johnson and Russ VerSteeg served as our expert witnesses at trial and I cannot thank them enough. They taught me (and the jury) so much about the sport of pole vaulting. Unfortunately, it was not enough to overcome the sympathy the jury must have felt towards Mr. White and not wanting to blame him for his terrible injury, even though he was the one with the pole in his hand and no one had told him to jump, especially if he was having a problem getting his steps down. All he had to do was wait for the official, but he didn't.

I appreciate all the support that has been shown on this message board for the organizers of this event. I truly believe they did nothing wrong and could not have prevented this terrible tragedy even had they been standing right there. The organizers of this event are all volunteers who have given countless hours to the training of young athletes in track and field. I would hate for anyone to be deprived of their service and guidance as a result of this verdict.

[rainbowgirl28]

polevaultatty - Thank you so much for sharing more information about this case. It sounds like you did a great job in your defense. Jan and Russ are two of the most experienced expert witnesses we have.

Is there any chance this could be overturned on appeal?

[rainbowgirl28]

Here is what an article looks like when you only get one side of the story...

http://06880danwoog.com/2009/05/16/pole-vault-perils/

Pole Vault Perils
May 16, 2009 · No Comments

On June 15, 2002 — just a week before graduation — Wilton High School senior Brandon White attended a Junior Olympics track meet at Southern Connecticut State University.

He was 1 of the top pole vaulters in the state. But during warmups he fell in the box — the spot where vaulters plant their pole — and broke his back. He’s been paralyzed ever since.


Wynne Bohonnon
His lawyers — Westporter Wynne Bohonnon and Wynne’s cousin, John Wynne — lived with the case for 7 years. Researching the defendants — USA Track & Field, and USA Track and Field Connecticut, the sport’s governing bodies — they found no reported cases involving pole vaulting.

However, Bohonnon says, 2002 alone saw several catastrophic injuries. Two pole vaulters were killed; 1 was paralyzed. He calls the lack of reported cases “bizarre.”‘

Convinced they would win, the defendants made only 1 offer to settle. Pole vaulting is, after all, an inherently dangerous sport.

But, Bohonnon says, the SCSU runway did not conform to USA Track & Field’s own rules. A batting cage impeded Brandon’s ability to measure his steps. And though regulations required 4 officials at the pole vault event, there were none.

During the 7-year journey, Bohonnon learned a lot about Brandon’s life in a wheelchair. The attorney was stunned to find, in the entire New Haven courthouse, not 1 handicap-accessible bathroom Brandon could use.

This week, the jury awarded Brandon $6.4 million. It is, Bohonnon says, a ground-breaking judgment — the first of its kind against the powerful athletic organization.

The insurance impact on future events could be immense. More importantly, Bohonnon says, greater attention paid to safety resulting from the decision may give every track and field parent a bit more peace of mind.

[achtungpv]

As for the waiver issue, Connecticut law disfavors these types of waivers. So, even though Mr. White signed a waiver of all liability prior to pole vaulting that day, the judge excluded it from evidence and ruled it unenforceable. Therefore, the jury heard NOTHING about the waiver and his express assumption of the risks of the sport.

That's scary. I wonder what other states disfavor liability waivers. Definitely something to be concerned about if you run a club.