Mayall ex rel. H.C. v. USA Water Polo, Inc.

909 F.3d 1055 (2018)

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Mayall ex rel. H.C. v. USA Water Polo, Inc.

United States Court of Appeals for the Ninth Circuit
909 F.3d 1055 (2018)

Facts

H.C., a minor, was hit in the head by a ball during a youth water-polo tournament organized by USA Water Polo, Inc. (defendant). Despite being visibly dazed, H.C. was returned to the game by her coach, after which she suffered further blows to the head. H.C. was later diagnosed with postconcussion syndrome. Cognitive impairment resulting from the condition forced H.C. to drop out of her classes for the school year. Although USA Water Polo had a detailed concussion policy in place, the policy did not apply to most of the teams under its governance, including H.C.’s youth league. USA Water Polo’s rules of conduct, which applied to all coaches and athletes, encouraged coaches to avoid returning injured athletes to play, but this appeared in a vaguely worded paragraph that listed concussions as one of several examples of possible injuries. USA Water Polo did not answer parents’ requests for more broadly enforced concussion-management and return-to-play protocols. H.C.’s mother, Alice Mayall (plaintiff), sued USA Water Polo in federal court on H.C.’s behalf. Mayall alleged negligence, breach of a voluntary undertaking, and gross negligence. The court dismissed the suit, holding that Mayall failed to allege a duty of care on the part of USA Water Polo. Mayall appealed. The United States Court of Appeals for the Ninth Circuit granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Fletcher, J.)

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