a news report

SaiFightsMS · KF VIP

I came across some news reports in another site. Thought they might provoke some interesting discussion.

WOMAN LAUNCHES £1m CLAIM OVER KARATE KICK INJURY

Copyright 2002 The Press Association Limited

Press Association

February 19, 2002, Tuesday

BYLINE: Emma Pearson, PA News

A 26-year-old woman today began a £1 million compensation claim over a karate kick which left her with brain damage.

Kate Stratton, of Rhoose in the Vale of Glamorgan, was a keen member of a karate club at Barry Leisure Centre when she was injured during a class in February 1995.

The High Court, sitting in Cardiff, heard that the 5ft 2in tall 19-year-old was sparring with a male member of the class when she received a kick in the face.

Milwyn Jarman QC, representing Miss Stratton, said she remembers little of what happened but she was taken to hospital where doctors found she was drowsy, disorientated and had been slipping in and out of consciousness. Initially she could recall her full name but as her condition worsened her memory deteriorated until she could not remember her surname or her brothers' names, losing track of time and place.

The court heard that she also developed epilepsy following the kick and lost her ability to read and write.

Mr Jarman said: "The karate kick she received at the defendant's class at Barry Leisure Centre has left her an invalid for life."

Before the incident, the court heard that Miss Stratton was sporty and bright. She loved football and was a member of the Inter Cardiff Ladies Football Club.

A representative of the club described her as "a strong player" who was "very enthusiastic and keen to learn new skills".

She was also described to the court as "energetic and full of life".

The court heard in 1995 Miss Stratton was on the verge of completing a two-year BTEC qualification in nursery nursing, in which she had already achieved distinction.

When the course ended, she was due to go to the United States for a year to attend a college to pursue her interest in football and had also secured a job as a nanny.

Mr Jarman said: "She was extremely excited and optimistic about her future."

But after the karate kick a witness who had known Miss Stratton for 10 years said in a statement which was read to the court: "Since the accident even the smallest task is too much for her and often leaves her upset."

Miss Stratton spent nearly a year in hospital and has lived with her parents ever since.

The court heard that she has had to relearn basic skills such as reading and writing, but she still has difficulty with these tasks and still suffers memory loss.

Mr Jarman said it was thought she would be unlikely to ever hold down a permanent owing to the level of brain damage she had sustained.

Giving evidence, Miss Stratton said: "I wanted to go to America and while I was there play sport and then to come home and open up a nursery afterwards.

"It was something I always wanted to do because I enjoyed travel."

Seven years on, she is still receiving counselling to help her cope with her life after the incident.

Her karate instructor, Cliff Brown, was sued by Miss Stratton's parents Vi and John. He has agreed to pay 45% of the damages without admitting liability, but his representatives say her compensation should not be more than £2,000.

Opening the case, Mr Jarman said the accounts of what happened at the karate club differ, but that Mr Brown's official statement claims that his attention was diverted from Miss Stratton's fight by two students behind him. When he turned back the kick had been delivered and Miss Stratton's opponent was trying to hold her still because she wanted to carry on sparring.

The court hearing, due to last three days, will determine what level of damages Miss Stratton should receive.

SaiFightsMS · KF VIP

KARATE CASE COST ME MY REPUTATION, SAYS INSTRUCTOR

February 22, 2002, Friday

BYLINE: Cathy Coleman, PA News
Press Association

A karate instructor told a court today he had lost his "reputation and livelihood" after court action was taken by one of his students who claims a kick left her with brain-damaged.

The High Court, sitting in Cardiff, has heard that 26-year-old Kate Stratton was kicked during a class run by Cliff Brown at Barry Leisure Centre, south Wales, in February 1995.

The 5ft 2ins tall Miss Stratton, from Rhoose, south Wales, had been sparring with a male member of the class when she was struck in the face. Milwyn Jarman QC, representing Miss Stratton, said that after the incident she developed epilepsy, lost her ability to read, write and remember names and had "left her an invalid for life."

Miss Stratton's parents, Vi and John, are suing Cliff Brown for £1 million.

He has agreed to pay 45% of the damages without admitting liability, but his representatives say her compensation should not be more than £2,000.

Giving evidence today Mr Brown told the court that he had not seen the blow because his attention had been taken by two other pupils in the class.

He said that after she was injured he left Miss Stratton with a senior qualified first aider who took her to hospital while he organised the rest of the class.

Asked by his QC Andrew Collender QC, what the case him had cost him, he said: "It has cost me my name, my reputation, my livelihood, my relationship and almost my house."

At the time Mr Brown had been teaching an average of 60 hours of karate a week but after the incident it went down to four hours.

He said that many people did not understand the case and rumours about him had started to circulate so people stopped turning up.

Mr Brown told the hearing that now he goes to a karate class that is taken by one of his former pupils.

SaiFightsMS · KF VIP

Rockland man files suit against karate instructor

Bangor Daily News (Bangor, Maine)

February 6, 2002 Wednesday, THIRD EDITION

BYLINE: LEANNE M. ROBICHEAU, OF THE NEWS STAFF

DATELINE: ROCKLAND

A local man is suing a Rockland karate instructor for allegedly fracturing his cheekbone during a sparring session at a martial arts class.

Eric Allyn of Rockland filed a lawsuit Friday in Knox County Superior Court claiming that his karate instructor, William Whitmire of Camden, intentionally hit him in the face with his fist, fracturing his left orbital bone. The incident occurred May 17 during a class at Kaibutsu-Kan Karate-Do in Rockland, according to the court document.

The complaint, which seeks an unspecified amount of damages, lists five claims: assault, battery, intentional infliction of emotional distress, negligence and punitive damages.

In the suit, Allyn claims that he has incurred medical expenses in excess of $11,000 as a result of the assault.

Allyn is represented by Auburn attorney William Maselli, who could not be reached Tuesday for comment.

Contacted Tuesday, Whitmire indicated that the plaintiff's claim was false.

"It's a smear campaign of some sort," Whitmire said, noting that in his 16 years of business in the martial arts, he has never had any problem like this.

"We have a wonderful reputation," he said.

The instructor said that 30 people have graduated from his course with black belt certification. There are 60 youngsters in the program, he said.

SaiFightsMS · KF VIP

KARATE-KICK CLAIM WOMAN 'DOES NOT HAVE EPILEPSY'

February 21, 2002, Thursday

BYLINE: Cathy Coleman, PA News
Press Association

A health expert told a court today a 26-year-old woman who claims a karate kick left her with brain damage does not suffer from epilepsy.

Dr Jonathan Bird added that if she did have epilepsy it would not be related to the kick Kate Stratton received during a class at Barry Leisure Centre in February 1995. The High Court, sitting in Cardiff, has heard that the 5ft 2ins tall 19-year-old, from Rhoose, south Wales, had been sparring with a male member of the class when she received a kick in the face.

Milwyn Jarman QC, representing Miss Stratton, said that after the incident she developed epilepsy and lost her ability to read, write and remember names.

He said: "The karate kick she received at the defendant's class at Barry Leisure Centre has left her an invalid for life."

Miss Stratton's former karate instructor at the centre, Cliff Brown, is being sued by her parents Vi and John for £1 million.

He has agreed to pay 45% of the damages without admitting liability, but his representatives say her compensation should not be more than £2,000.

In court today Dr Bird, who has written several books and articles on epilepsy, said: "On seeing Miss Stratton my view is that it is unlikely she has true epilepsy, but if I am wrong and she has epilepsy, it is not due to the kick is must be due to some other factor."

He said that Miss Stratton may have needed psychiatric treatment even if she had not been hurt during the martial arts case because of "underlying psychological distress".

Dr Bird did agree that Miss Stratton is "seriously ill" and is "not malingering".

The case was adjourned until tomorrow.

KickChick · Black Belt

There is no mention of any liability contracts that may or may have not been signed by the practioners in these cases.
Most schools/competions/tournaments have you sign a release of liability, assumption or risk, parental consent (when applicable) and also an indemnity agreement.
"The student/practitioner should be may fully aware that the martial art involves risks and dangers of serious bodily injury, including permanent disability, paralysis and even death. These risks may be caused by their own actions, or inactions and should be held responsible for losses, costs and damages incurred as a result of their participation in such activity."
Many waivers do go on to say that the participant agrees not to sue and to hold harmless any school and or club where such activity takes place.

_________________
1st dan Black Belt Tae Kwon Do (ITF)/ CardioKickbox/Fitness Instructor

[ This Message was edited by: KickChick on 2002-03-06 11:21 ]

SaiFightsMS · KF VIP

Yes Kickchick I agree. And the longer we train the more we should be aware of the risk in what we do. Life period is a risk. Sueing your school because you got hurt doing something you freely consented to do makes little sense to me.

Ryukyu1 · Orange Belt

What about them warning labels on Head Gear...Karate is a contact sport......... Surely when you agree to get up and spar you are acknowleging the fact that you are going to hit and be hit.

Joecooke007 · Brown Belt

We all have to sign waivers at our school.

_________________
Boards don't hit back.
-Bruce Lee

YODA · Black Belt

Here in the UK it is illegal to ask someone to sign away their legal rights.

Waivers, even if signed, mean nothing

_________________
YODA
2nd Degree Black Belt : Doce Pares Eskrima www.docepares.co.uk
Qualified Instructor : JKD Concepts www.jkdc.co.uk
Qualified Fitness Instructor (Weights, CV, Circuit, Kinesiology)

Bon · Black Belt

YODA, what ?!

If that's the case, then what's stopping from anyone walking in, sparring and then trying to sue the instructor and/or club ?

That reminds me that at current dojo I haven't signed anything, but I had to at my last one..

I don't agree with trying to sue from an injury accrued through MA. Why does she want to sue the instructor? Why not the person who actually kicked her ? That seems a little more reasonable, even though I don't credit it any more. Seems to be what's typical every day life. People just don't want to take responsibility for their own life and be proactive, so they blame others and things around them.

_________________
It takes sacrifice to be the best.

There are always two choices, two paths to take. One is easy. And its only reward is that it's easy.

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