Mayall ex rel. H.C. v. USA Water Polo, Inc.

ORDER GRANTING MOTION TO DISMISS FIRST AMENDED COMPLAINT

From Ancient Greece and before to the twenty-first century, sports enrich our society. For spectators, sports bring people from all walks of life together in a coliseum or in front of a big-screen TV. For athletes, sports promote the lifelong values of team work, good health, athletic excellence, fair play, and robust competition. For young athletes, sports may be the ticket to college.

This case raises a significant question facing society about how best to maintain those values, while also ensuring the safety of athletes. Film writers, news pundits, and athletes themselves have recently raised similar questions in other contexts and for other sports. In this case, Plaintiff Alice Mayall raises the question for her minor daughter, H.C., who suffered head injuries while playing. water polo under Defendant USA Water Polo’s rules and policies. Plaintiff’s First Amended Complaint (“FAC”) challenges whether Defendant struck the proper balance between promoting vigorous competition and ensuring the safety of its competitors.

Defendant moves to dismiss and strike portions of the FAC. The Court GRANTS Defendant’s Motion to…