Parker v. South Broadway Athletic Club
Missouri Court of Appeals
230 S.W.3d 642 (2007)
- Written by Eric Miller, JD
Facts
Curtis Parker pursued his interest in wrestling by training at the South Broadway Athletic Club (defendant). Part of the training required new wrestlers to learn bumps—a technique of falling without sustaining injury. One day, Curtis complained of a painful headache and was asked to sit out training until he felt better. Several days later, Curtis returned. Curtis said that his headache was gone, and he spoke and acted normally. However, after the trainer used Curtis’s body to demonstrate an advanced bump, Curtis went into a seizure and died. Curtis’s parents, W. C. and Martha Parker (plaintiffs), brought a wrongful-death action. A forensic neuropathologist testified that Curtis’s death was consistent with second-impact syndrome, in which the victim suffers a concussion, then dies of a second concussion before the first fully heals. The forensic neuropathologist also stated that Curtis’s medical state would have been impossible to diagnose without advanced medical testing. The jury returned a verdict in favor of the club, and the court entered a judgment on that verdict. W. C. and Martha moved for a new trial, which was denied. W. C. and Martha appealed. The Missouri Court of Appeals granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Shaw, J.)
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