Legal Opinion

Dugan v. Thayer Academy

Massachusetts Superior Court

Decided May 27, 2015No. NOCV201401359CPublished

1Opinion of the Court

Krupp, Peter B., J.

Plaintiff Amy Dugan (“Amy”) brings this action for negligence (Count I) following injuries she sustained playing field hockey for her coach, defendant Erin Cash (“Cash”), at her school, defendant Thayer Academy (“Thayer”). Her parents bring a claim for loss of consortium due to Amy’s injuries (Count II).3 Amy’s coach and school now move for judgment on the pleadings on both counts, arguing that because Amy chose to play in a competitive sporting event, plaintiffs may only pursue tort claims against them upon an allegation that they engaged in willful, wanton or reckless…

2Cases cited19 opinions

  1. Jarosz v. PalmerMassachusetts Supreme Judicial Court · 2002
  2. Nabozny v. BarnhillAppellate Court of Illinois · 1975
  3. Gauvin v. ClarkMassachusetts Supreme Judicial Court · 1989
  4. Avila v. Citrus Community College DistrictCalifornia Supreme Court · 2006
  5. Wagenblast v. Odessa School District No. 105-157-166JWashington Supreme Court · 1988

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