198 Conn.App. 643
Conn. App. Ct.2020Background
- Incident (Oct. 28, 2013): middle school soccer scrimmage at Har‑Bur Middle School; coach Robert Samudosky (a teacher) participated and kicked a ball that struck minor student Angelina Maselli in the face. Plaintiff alleges Angelina suffered a concussion.
- Plaintiff (Theresa Maselli, next friend) alleges Samudosky failed to notify nurse/parents, conducted a nonmedical assessment, allowed Angelina to continue playing, and delayed diagnosis/treatment.
- Procedural posture: amended complaint (six counts) filed by plaintiff; defendants moved for summary judgment on all counts (Aug. 25, 2017). Court granted summary judgment for defendants (memorandum filed June 11, 2018).
- Claims included negligence and negligent infliction of emotional distress against Samudosky; negligence against all defendants based on post‑incident response; assault and battery; intentional infliction of emotional distress (IIED); and recklessness.
- Central legal questions: whether governmental immunity bars negligence claims (including whether the identifiable‑victim/imminent‑harm exception applies), and whether factual allegations suffice to survive summary judgment on intentional or reckless tort theories.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Governmental immunity / identifiable‑victim‑imminent‑harm exception | Angelina was an identifiable victim because she was at a supervised practice and stood ~6 feet from coach; defendants’ failure to act exposed her to imminent harm from an undiagnosed concussion | Participation in the soccer team/practice was voluntary; the harm had already occurred and was not so likely or apparent to require immediate action | Immunity applies; exception not met — Angelina is not an "identifiable" victim for the exception and imminent/apparent harm prong fails |
| Negligence (coach — counts 3 & 4) | Samudosky was negligent in forcefully kicking the ball and inadequately responding/assessing injury | The kick occurred during a scrimmage; conduct was accidental/contact‑sport risk and, in any event, barred by governmental immunity | Summary judgment for Samudosky — negligence claims barred by governmental immunity; evidence supports accidental, not negligent, actionable conduct |
| Assault & battery (intentional) | Coach acted intentionally or recklessly in kicking ball at Angelina | Kicking occurred in a scrimmage; no intent to injure — evidence shows he looked at the ball and was clearing it from goal area | No evidence of intent to injure; summary judgment for defendants on intentional assault/battery claim |
| IIED and Recklessness | Coach’s conduct and post‑incident failures were extreme, caused severe emotional distress; defendants acted recklessly | Conduct was not extreme/outrageous, distress not severe, and allegations amount to negligence rather than recklessness | Summary judgment for defendants — IIED fails (not extreme/outrageous; no severe emotional distress shown); recklessness not established (at most inadvertence/negligence) |
Key Cases Cited
- Stuart v. Freiberg, 316 Conn. 809 (Conn. 2015) (summary judgment standard; view evidence for nonmovant)
- Haynes v. Middletown, 314 Conn. 303 (Conn. 2014) (municipal liability statute and discretionary‑act immunity)
- St. Pierre v. Plainfield, 326 Conn. 420 (Conn. 2017) (three‑part identifiable‑victim/imminent‑harm exception to discretionary immunity)
- Jahn v. Board of Education, 152 Conn. App. 652 (Conn. App. 2014) (voluntary extracurricular participation does not make student an "identifiable" person)
- Costa v. Board of Education, 175 Conn. App. 402 (Conn. App. 2017) (voluntary attendance/participation defeats identifiable‑victim claim)
- Jaworski v. Kiernan, 241 Conn. 399 (Conn. 1997) (soccer is a contact sport and certain risks are inherent)
- Appleton v. Board of Education, 254 Conn. 205 (Conn. 2000) (IIED requires extreme/outrageous conduct and severe distress)