Errant shot put could land Huntley high schooler in court

A Huntley High School student could find herself the target of a lawsuit over an errant shot put at a track meet earlier this year.

But first, lawyers for the 16-year-old Spring Grove boy struck in the head by the off-target toss will have to find out who she is.

The boy and his parents have filed a petition in McHenry County Circuit Court asking a judge for authority to subpoena Richmond-Burton Community High School District 157 for its records of the April 24 incident.

The record, according to the petition, should include "who may be responsible in damages, including but not limited to the identity of the Huntley female athlete who threw the shot put."

The petition states the plaintiffs injured student Matthew Glavin, and his parents, Edward and Amy Glavin, are seeking the information "before filing a lawsuit."

Glavin attorney Marien Zalduondo said Wednesday she could not comment on a possible lawsuit. "We're still investigating, so I can't comment on any theory of liability against any potential defendants," she said.

District 157 Superintendent Dan Oest said he could not comment specifically on the petition's claims because he had not yet seen it.

"Certainly we would look at the merits of the claim and turn it over to legal counsel," Oest said.

Court documents say Glavin, a student at Richmond-Burton High School, was on campus April 24 assisting as a measurer for a shot put event.

While standing about 9 feet from the shot put area's out of bounds marker, the petition states, a practice throw from the Huntley athlete struck him in the head above the left ear, causing him to collapse to the ground.

The petition does not detail the nature or severity of Glavin's injury.

Although Illinois law allows one student to sue another over what happens on a field of play, there will be some hurdles for the Galvins if they try to sue the Huntley athlete.

First among them is obtaining the name of the girl who tossed the shot put, said John Gaffney, a Harvard-based attorney who specializes in school law.

District 157, Gaffney said, might have a case for refusing to turn over its report of the incident.

Under the Illinois Student School Records Act, he said, no one other than the student in question and parents or legal guardians can obtain a student record without a court order.

"The school district can claim their report is a student record and refuse to turn them over," Gaffney said.

Even if Glavin's lawyers get the girl's name, they would then have to convince a court that his injuries were not the result of the chances one takes at a sporting event, not unlike getting struck by a foul ball at a baseball game or bad tee shot at a golf event.

That is what happened earlier this year in New York when a state appeals court dismissed a lawsuit filed by a Long Island student injured when hit by an errant shot put. That court ruled that by being present for a shot put competition, the injured student was taking a risk of injury.

"The question becomes did he assume that risk just by being out on the field?" Gaffney said.

Glavin's petition is scheduled to be heard Feb. 17 by McHenry County Judge Maureen McIntyre.

Under a 1975 Illinois Supreme Court decision that set precedent across the country, student-athletes can sue competitors only for intentional "willful and wanton" acts that result in injuries.

However, it seems unlikely that any court would deem track and field, particularly the shot put, a contact sport.