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Segal McCambridge’s team, led by Senior Associate Antigone Tzakis, secured a significant victory in a case involving an alleged assault during a soccer match. The case centered on claims of negligent hiring, negligent supervision, and battery, with the plaintiff alleging that our client, a soccer academy, was liable for the purported misconduct of an independent contractor Director of Coaching. The plaintiff further claimed that the Director of Coaching instructed the alleged assailant to engage in violent conduct during the match citing unauthenticated text messages as “evidence."
Antigone successfully argued that our client was not responsible for the Director’s alleged actions, as there was no employer-employee relationship, nor that our client had any knowledge of alleged improper coaching methods. The Court also affirmed that the doctrine of primary assumption of risk applied, negating any liability. The contact during the game, even as described by the plaintiff, was an inherent risk in the sport of soccer. Participants are considered to assume the risks commonly associated with the sport, including the possibility of physical contact.
The Court dismissed all causes of action, including their claim for punitive damages against our client, thus concluding the matter.
