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Soccer fan lawsuit heads back to trial court

Posted December 16, 2008
Updated December 17, 2008

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— The North Carolina Court of Appeals has reversed a trial court's decision to dismiss a lawsuit stemming from a local woman's being hit in the head with a ball at a women's soccer game.

In a unanimous decision, the court ruled the judge was premature in dismissing the complaint that Teresa Allred and her husband filed in April 2006. Allred, who was sitting behind a goal, suffered substantial head injuries at the match in April 2003.

In February 2007, the court dismissed the case against Capital Area Soccer League and others with prejudice.

Allred claimed the league was negligent in failing to warn fans of the risk of being struck by a ball, failed to proved a safe environment and failed to install protective netting behind the goals to protect spectators.

The appeals court ruled that the Allred's allegations were adequate to establish a duty and possibly a a breach of that duty and damages arising out of the alleged breach of duty.

Basing its ruling on previous case law, which dealt mostly with baseball, the court said it is rare for a negligence claim to be dismissed based on lawyers' paperwork and that such dismissals should be limited to cases where there is a clear allegation that defeats a plaintiff's claim.

The list of defendants in the suit includes Capital Area Soccer League, Inc.; Wake County; Women's United Soccer Association; Time Warner Inc.; and Time Warner entities that owned the Carolina Courage and the New York Power teams.


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  • Timbo Dec 17, 2008

    "Just hate to see CASL get sued for something that was her stupidity."

    I agree.

  • hjandrj Dec 17, 2008

    Oh I know getting hit by the ball hurt. I've been hit twice by one on the sidelines. No doubt it does hurt, but she wasn't hurt that bad. No way. I just think she was looking for an easy way to get some money. But by no means was I implying being kicked by a soccerball kicked by U14 and above doesn't hurt. It does. I'm an insurance defense paralegal/assistant so I see this all the time. Just hate to see CASL get sued for something that was her stupidity.

  • Timbo Dec 17, 2008

    hjandr, College girls are about on par with U-14 boys. So, I'm sure it hurt!

    I think, like others have said, she wants to cash in, and she has a scumbag lawyer (redundant).

    My son was driving literally just tapped a minivan at a red light. You'd think the woman driving the mini van was maimed for life. The RPD cop was laughing at her because of the hysterical show she was putting on.

    The insurance company didn't by it either, so she go nothing.. There are people like that out there and this person sounds like one of them.

  • hjandrj Dec 17, 2008

    I agree that U14 and up have power kicks and they do hurt. My son was five years old when we attended a women's college soccer practice for my daughter's soccer team. My son was asked to shag soccer balls. He was shagging soccer balls and on a direct kick to the goal the ball curved the other way and hit him, knocking him to the ground. Yes, he was stunned, medical equipment was brought to check him and all the college women soccer players were there comforting him. Now, with that said, I don't believe she was hurt that bad. Yes, kids are more flexible, but I just don't believe she was hurt that bad. Probably more embarrassed than anything that she was stupid enough to sit or stand behind the goal when her common sense should have kicked in and told her to move.

  • FoxtrotUniformCharlieKiloakaCALM Dec 17, 2008

    and i hope the lady reads this article about her and then in turn the comments and realizes how silly she really is and what people think about her, i bet she rode the bus that wasnt as long as the others though

  • mewubbau Dec 17, 2008

    I don't even know what to say about this?! I remember one night, Andy Rooney on 60 minutes did a piece on stupid disclaimers...for example: Do not eat candle (on a scented chocolate looking candle)....and still one of my favs, remove baby/child from stroller before folding up....really, parents need a sign to remind them of this?! If they do, they should not be parents. Back to this story....as everyone else has said common sense people..use it!

  • FoxtrotUniformCharlieKiloakaCALM Dec 17, 2008

    if you are sitting behind a goal at a soccer game common sense says people kicking soccer balls in your direction one may go astray, it sounds like she had major damage to her head before being hit by a ball

  • kitcat718 is a college student Dec 17, 2008

    Ridiculous sue happy society. Use some common sense, dummy! If you go to a sporting event, there is a chance, however small, that you will be hit with a flying piece of equipment. GET OVER IT!!!!!!

  • Timbo Dec 17, 2008

    I don't even park my car near the soccer goals. Why would anyone sit behind a goal?

    I will say that boys, U-14 to U-18 can nail the heck out of a ball, so it's possible she had some significant head trauma.

  • hjandrj Dec 17, 2008

    Common sense tells you, do not sit behind the goal in soccer. If you do, it's your own stupidity. Doesn't say if she was warned by the refs or not. If she was, then she is at her own risk when she does. We've had refs literally stop a game and move people from beside the goal, behind the goal or that vicinity due to the possibility of being hit by a ball. If they did not move, then they were there at their own risk. I've been nailed by a soccerball before and it hurts, but I was sitting on the sideline with the other parents. This was select U-18 league. Not sure how much damage it did to this individual, but it could not have been that bad. Just looking for a quick way to make a buck.