Waubonsie basketball fight leads to lawsuit

A former Waubonsie Valley High School student has filed a lawsuit against another former student with whom he got into a fight during an intramural basketball game.

The lawsuit, filed by Jordan Mosetich of Aurora, names as defendants former Waubonsie student DeMario Webb, the school and Indian Prairie Unit District 204.

The fight in question took place during an intramural game on Jan. 29, 2014, at the school in Aurora, according to the lawsuit and an Aurora police report completed two days after the altercation.

The lawsuit, filed about a month ago, claims Webb caused serious injury to Mosetich, but the police report says both former students struck each other during the fight.

Mosetich's lawsuit says Webb was "verbally threatening" Mosteich during the game; that Webb pushed Mosetich from behind and intentionally fell on top of him; that Webb grabbed Mosetich with both arms and threw Mosetich to the court; and that Webb crawled on top of Mosetich and punched him "with a closed fist about the head and face."

The lawsuit also claims the school and district failed to ensure a safe environment by not providing Illinois High School Association referees for the game, not requiring a code of conduct for intramural basketball players and allowing the game to continue despite it "becoming increasingly aggressive and physical."

Mosetich's attorney, Kelly Bennett, said his client suffered a facial fracture and concussive symptoms. The police report identifies Mosetich's injuries as a broken nose and slight contusions to his face, but says he never lost consciousness.

According to the police report, taken by the school resource officer with input from seven witnesses, Mosetich and Webb were on opposing teams in an intramural basketball game in which Mosetich was "playing rough in an instigating way."

"Jordan was playing basketball and it seemed as if he was trying to pick fights the whole game," the report said. "There was a lot of 'trash talking' and things got heated. Jordan pushed the ball into DeMario's stomach, which seemed to trigger the altercation."

The police report says Webb was elbowed in the face by Mosetich, and it classifies both former Waubonsie students as offenders and as victims in the fight. Both were suspended for three days after the altercation.

"Both Jordan and DeMario mutually hit one another," the report said. "The school consequenced them equally for their actions on the basketball floor during a school-sponsored activity."

When the case was closed two days after the fight, parents of both students told police they did not want to press charges, according to the police report.

Mosetich's lawsuit in DuPage County court came about a year later and is a civil complaint, not criminal. Bennett said his client is seeking money from the school, the district and Webb in the personal injury suit.

District 204 spokeswoman Janet Buglio said she could not comment on pending litigation.

Webb's father, Waubonsie Valley High School math teacher Byron Webb, directed questions to the Aurora police report.

Bennett said he and his client stand by the summary they presented in the lawsuit that said Webb caused Mosetich "severe injury."

"What we've alleged in the complaint is what happened," Bennett said. "He (Mosetich) was seriously injured and that's something that obviously should not have happened, and I think it could have been prevented."