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District settling concussion lawsuit

KEITH KINNAIRD | Hagadone News Network | UPDATED 8 years, 6 months AGO
by KEITH KINNAIRD
News Editor | October 25, 2016 1:00 AM

SANDPOINT — Mediation is bringing provisional resolution to a lawsuit accusing the West Bonner County School District of sending a concussed high school football player back onto the field during a game.

Counsel for the school district filed a notice in 1st District Court indicating that it had resolved the civil suit via mediated settlement agreement, which is being kept under wraps, according to court documents. A status hearing in Julie and Robert Clark’s suit is set for Wednesday in district court.

The case was scheduled to be tried on Tuesday, but the proceedings have been called off.

The Clarks sued the school district on behalf of their son, Bobby Clark III, in 2013. Bobby Clark was a varsity offensive and defense lineman for Priest River Lamanna High School and was injured in a game against Timberlake High School in 2011.

The family’s attorneys alleged that Clark was briefly removed from the game, but was put back into play by coaching staff. Approximately two plays later, Clark returned to the sidelines and collapsed.

The younger Clark was flown to Providence Sacred Heart Medical Center in Spokane, Wash., where he underwent emergency surgery and was placed on life support, according to court documents. The plaintiffs argued coaches failed to comply with Idaho high school requirements for evaluating head injuries and negligently put him back into the game. The suit sought damages for medical costs, lost earning ability and mental suffering.

Clark, the lawsuit said, suffered permanent and irreversible disability, although he has made gains while in recovery. Clark graduated from PRLHS with a perfect grade-point average in 2012.

Sporting goods manufacturers were also named in the suit, although they were subsequently dismissed as defendants, court records show.

The Clark’s legal counsel, Bentley Stromberg, said the settlement agreement was hammered out on Oct. 7. However, Stromberg said it might take up to 90 days for the plaintiffs’ attorney to resolve unspecified issues with aspects of the settlement, court records show.

If the parties ultimately stipulate to a dismissal, the case would be dismissed with prejudice, which means the claims contained in it can never be revived.

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