When my daughter was in elementary school, she "hurt" her finger on the playground. The school clinic was run by PTA moms, and I was in charge of it. The mom "on duty", called me - not her teacher - and told me J had hurt her finger. She had a cold pack on it for about 10 minutes and went back to class. I was told there was no reason to come get her.
Her father, the urologist, looked at it that night, because J was complaining how bad it hurt. He tugged on it a bit, she screeched. He blew it off, and told her it would be ok in a day or two.
Next morning, finger is swollen, J is still complaining, but Daddy the Doctor said it was ok. I sent her off to school.
Couple hours later, I get a call from the clinic, she's back and her hand looks awful, and I'm told to come get her.
I took her to the ER.
She had a broken finger, and the bones had separated. ER doc set it, splinted it, and we went home.
Who should get sued in this case? The school? The teacher who was on playground duty when it happened? Either of the clinic moms who saw her? Me? Her father?
No one...just like this case.
Just like in this case....no one set out to deliberately harm this girl. There was no real negligence on either the part of the coach or her mother. Is there proof that the coach manipulating the girl's finger is what made it worse? How does anyone know it wasn't the kid or her mother's moving the finger didn't do more harm? How many of us have jammed a finger over the years and "messed" with it, trying to make it feel better?
This lawsuit, will cost the school district, and possibly the coach a lot of money, because it most likely will be settled out of court, because the school district and coach's attorneys will agree with the insurance company, that settling will be best for everyone.
The kid and her mother will rake in a nice chunk of change, the attorneys will get paid, the school district's insurance company will raise their rate. making more money from the school district tax payers.
The coach will probably get fired.