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Russell J. Carpenter, Jr., Russell J. Carpenter, Sr. and Susant Threatt v. North Thurston School District; Black Hills Junior Football League; and Stackhouse Athletic Equipment, Inc.

Date: 12-13-1999

Case Number: 97-2-02984-5

Judge: Unknown

Court: Superior Court, Thurston County, Washington

Plaintiff's Attorney: Paul L. Stritmatter and
Kevin Coluccio of
Stritmatter Kessler Whelan Withey, Seattle, Washington

Defendant's Attorney: Mark Northcraft of
Northcraft & Woods, P.C., Seattle, Washington for North Thurston School Distrct;
Tom Stratton of Eklund, Rockey & Stratton, Seattle, Washington and
John Francis Kennedy, Gig Harbor, Washington

Description:
Plaintiff Russell Carpenter Jr. was a 15-year-old male who, while
attending a Junior League Football game, jumped onto soccer goal post
and began swinging. The goal post tipped over and landed on the
plaintiff’s head. The Junior Football League was using the field and
stadium area, which was owned and operated by the North Thurston School
District, for league games. Black Hills provided supervision at the
stadium and had numerous coaches and volunteers throughout the facility.
Stackhouse Athletic Equipment manufactured the goal post as a custom
order in the mid-1980s. Defendant North Thurston School District
contended that the facilities had been leased to the Junior Football
League and that they had relied upon the League to provide proper
supervision. Stackhouse contended that they had sold the set of goal
posts to North Thurston School District as a custom order which was to
be anchored during all use and that the School District failed to
utilize the goal posts properly. Claims against Stackhouse were based
on unreasonable design due to the top-heavy nature of the custom goal
posts and failure to warn. All defendants joined in the contention that
plaintiff was significantly contributorily negligent in that he swung on
the goal post with great force, building momentum as the goal post’s
backstays lifted off the ground. Several witnesses also indicated that
the plaintiff had been warned to get off as he was swinging.


Plaintiffs Russell Carpenter Sr. and Susan Threatt are the plaintiff
Russell Carpenter, Jr.’s natural parents and brought claims pursuant to
RCW 4.24.190.


Injuries: Plaintiff was in a coma for 18 days, with contusion to the
left temporal and deep medial temporal lobe areas. He also had a
pontine hemorrhage and basilar skull fracture through the temporal bone.
Left facial paralysis secondary to a 7th nerve palsy and a 6th nerve
palsy, which recovered. Recurrent nosebleeds. Permanent brain injury
with residual neurological dysfunction. Diminished hearing in left ear.


Medical Expenses: $153,036.89 (undisputed)


Lost Wages: Plaintiff contended future diminishment of earning capacity
in the range of between $700,000-$1.1 million. Defendants argued that
plaintiff Russell Carpenter, Jr., was currently working and had very
minimal future loss of earning capacity.




Outcome:
$2,000,000 cash ($1.1 million North Thurston School
District; $600,000 Stackhouse Athletic Equipment; and $300,000 Black
Hills Junior Football League)
Plaintiff's Experts:
Shah Asadullah, M.D., neuropsychologist;
Richard Borkowski (Narberth, PA), athletic
director, School District; Dennis Martin, engineering (Seattle, WA)

Defendant's Experts:
Lawrence Majovski, M.D., neuropsychologist, Donald
Silverman, physical rehabilitator; Dale Overfield, M.D., neurologist;
Stackhouse Athletic Equipment: Leonard Lucenko,
athletic director/coaching (West Orange, NJ); Stackhouse Athletic
Equipment: Colin Sandwith, engineering (Seattle, WA); North Thurston
School District: Richard Montgomery, athletic director/coaching (San
Jose, CA); North Thurston School District : Arthur Kilton, Safety
Director (Seattle, WA)


Comments:
Hundreds of injuries and numberous deaths have occurred from the failure of scholol districts and soccer leagues to properly anchor portable soccer goalposts. The Consumer Product Safety Commission has issued numberous warnings regarding the dangers associated with unanchored portable soccer goalposts. These warnings have been sent to school districts, soccer leagues and portable goalpost manufacturers.

About This Case

What was the outcome of Russell J. Carpenter, Jr., Russell J. Carpenter, Sr. and ...?

The outcome was: $2,000,000 cash ($1.1 million North Thurston School District; $600,000 Stackhouse Athletic Equipment; and $300,000 Black Hills Junior Football League)

Which court heard Russell J. Carpenter, Jr., Russell J. Carpenter, Sr. and ...?

This case was heard in Superior Court, Thurston County, Washington, WA. The presiding judge was Unknown.

Who were the attorneys in Russell J. Carpenter, Jr., Russell J. Carpenter, Sr. and ...?

Plaintiff's attorney: Paul L. Stritmatter and Kevin Coluccio of Stritmatter Kessler Whelan Withey, Seattle, Washington. Defendant's attorney: Mark Northcraft of Northcraft & Woods, P.C., Seattle, Washington for North Thurston School Distrct; Tom Stratton of Eklund, Rockey & Stratton, Seattle, Washington and John Francis Kennedy, Gig Harbor, Washington.

When was Russell J. Carpenter, Jr., Russell J. Carpenter, Sr. and ... decided?

This case was decided on December 13, 1999.