Facts

On May 15, 2005, plaintiff Alexandra Ayers, 15, was playing in a girls' club volleyball tournament promoted by the University of California Santa Barbara (UCSB). During the tournament, the plaintiff jumped to hit the ball from her position on the left and her left foot stuck the PS-1, a portable referee stand manufactured by defendant Sports Imports Inc. and positioned by defendant UCSB.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the PS-1 stand was defective in its design because the forward slopping legs and crossbar were positioned so close to the net that players would routinely land on it while pursuing the ball during competitions. The plaintiff also alleged that defendant UCSB was negligent in the selection of the PS-1 referee stand because it was positioned much closer to the court than other stands that were previously used there.

DEFENDANTS' CONTENTIONS:
Defendant Sports Imports, Inc. claimed that they had sold over 2,000 units of the referee stand and nobody had ever been injured before. Defendants UCSB and Sports Imports, Inc. claimed the stand was safe for its intended use and fully compliant with the rules of volleyball. Defendant UCSB further claimed that plaintiff's parents had signed a release absolving UCSB from all liability. Both defendants alleged plaintiff's action was barred by primary assumption of the risk.

Settlement Discussions

A preliminary mediation was held in December 2006 with resulted in no offers. Another mediation was held in July 2007 and there defendants offered $165,000 and plaintiff demanded $400,000. Plaintiff then received a verbal full tuition women's volleyball athletic scholarship from Northwestern University.

Damages

The plaintiff requested reimbursement for medical expenses, compensation for permanent damage to her left knee, loss of an athletic scholarship to a major university and compensation for the pain and discomfort she continues to experience.

Injuries

The plaintiff suffered from anterior ligament rupture of her left knee, non displaced linear fracture through her fibula, left lateral tibial condyle articular cartilage defect, torn left meniscus, ACL rupture and she needed surgery to remove scar tissue. The plaintiff alleged she was one of the top 25 volleyball players in her age range and after the injury she was unable to play and still her knee has never fully recovered.

Result

Result was for plaintiff after UCSB's summary judgment motion was denied. Plaintiff received $265,000 from Sports Imports and $30,000 from UCSB.

Other Information

Insurer for Sports Imports Inc was Zurich American Insurance Company. Insurer for UCSB was American Specialty Insurance Company.