Koty Family Suing Eastern
Posted: Tue Feb 17, 2004 5:53 pm
If you are not familiar with what happened, do a google search on Kelsey Koty. Basically she was in an accident a few years ago and almost died, but she has made a remarkable recovery.
http://www.columbian.com/02172004/sports/118358.html
Koty family files suit against Eastern Washington for negligence
Tuesday, February 17, 2004
By ANDREW SELIGMAN, Columbian staff writer
Kelsey Koty of Camas is suing Eastern Washington University for negligence, charging the school did not follow safety measures that might have prevented the near-fatal brain injury she suffered during a pole vault attempt three years ago.
   According to documents filed with the Superior Court of Spokane County, Koty and her parents Jim and Nancy, are also seeking financial compensation "in an amount to be proven at the time of trial."
   A court date has not been set.
   Among the allegations against Eastern Washington are:
   * The school failed to maintain adequately the pole vaulting pit, to use a pit that was big enough and to place padding around the pit;
   * The school violated Title IX of the Education Amendments Act of 1972 by supplying the men with a larger landing pit than the women.
   * The lighting in Thorpe Fieldhouse was inadequate;
   * The pole vaulters were not adequately trained or supervised;
   * The school failed to "adequately supervise and train EWU agents and employees who would identify risks to students" participating in the pole vault, and that the staff was not "competent" to identify and eliminate those risks.
   The suit says the Kotys continue "to incur medical expenses and other out-of-pocket expenses associated with these injuries," and Kelsey "sustained an impaired earning ability as well as lost wages." They are seeking reimbursement, plus interest.
   "The focus is on the chain of events that led to this in the first place," said John Allison, Koty's attorney.
   Jarold Cartwright, assistant attorney general in Spokane, said the university is not liable, that Koty was aware of the inherent risks of pole vaulting, and the injury was the result of her own negligence.
   "The coaches, the officials at Eastern Washington are extremely competent," he said. "It'll be proven that these are very experienced people and extremely competent people."
   Kelsey Koty, now a senior at Eastern Washington in Cheney, is listed on the women's track and field roster but is not competing. Her career likely ended on Jan. 13, 2001.
   Eastern Washington hosted the Early Bird Open in the season-opener at Thorpe Fieldhouse. It was also the first meet for Koty, who was a freshman, and on her first attempt, she was trying to clear 9 feet, 8 inches.
   Witnesses told The Columbian in August 2001 that Koty veered toward the right, hit the bar, caught the edge of the mat and banged her head on the floor. She bled internally, slipped into a coma, suffered from pneumonia, cardiogenic shock, and spent two months in hospitals in Spokane.
   Koty experienced "impairment of speech, cognitive impairment and ... permanent injuries, the exact extent of which are unknown," the lawsuit says. Jim Koty said his daughter was diagnosed recently with a heart arrhythmia, although he wasn't sure the injury caused it.
   The mat that Kelsey Koty landed on was 16 feet by 12 feet, which met NCAA regulations at the time. Some schools would place extra padding around the landing pit.
   "In all the years of vaulting we've seen, we didn't feel we needed to do it," Stan Kerr, who coaches Eastern's vaulters, said in August 2001.
   "I believe the athletic world was understanding that the landing pits were insufficient (in size)," Allison said. "There was evidence of a great discussion and awareness that the landing pits needed to be improved."
   The fact that the pit met regulations "doesn't necessarily excuse the university for not making a decision that was right by its student-athletes."
   Cartwright said, "I'm not prepared to concede (having extra padding) was a common practice. The facilities at Eastern were appropriate and were ... the kind you could encounter at track meets around the country and around the world."
   A year after Kelsey Koty's injury, three athletes -- a sophomore at Penn State, two on the high school level -- died in pole vaulting accidents. And the NCAA widened and lengthened the pad prior to this academic year. Now, it measures 19-8 by 16-5.
   "Our contention is ... the pit was adequate and met regulations at the time," Cartwright said. "If there's a change this year, that wouldn't be retroactive to a meet that occurred three years ago."
   Despite the lingering side effects, Kelsey Koty's recovery is remarkable. Through summer classes and heavy course loads, she is on schedule to graduate in four years.
   "We're real impressed with her," Jim Koty said.
   "From where she was the moment after she was injured ... there are a lot of people who would say they never expected her to be at this point," Allison said. "But that's certainly not the end of the story."
http://www.columbian.com/02172004/sports/118358.html
Koty family files suit against Eastern Washington for negligence
Tuesday, February 17, 2004
By ANDREW SELIGMAN, Columbian staff writer
Kelsey Koty of Camas is suing Eastern Washington University for negligence, charging the school did not follow safety measures that might have prevented the near-fatal brain injury she suffered during a pole vault attempt three years ago.
   According to documents filed with the Superior Court of Spokane County, Koty and her parents Jim and Nancy, are also seeking financial compensation "in an amount to be proven at the time of trial."
   A court date has not been set.
   Among the allegations against Eastern Washington are:
   * The school failed to maintain adequately the pole vaulting pit, to use a pit that was big enough and to place padding around the pit;
   * The school violated Title IX of the Education Amendments Act of 1972 by supplying the men with a larger landing pit than the women.
   * The lighting in Thorpe Fieldhouse was inadequate;
   * The pole vaulters were not adequately trained or supervised;
   * The school failed to "adequately supervise and train EWU agents and employees who would identify risks to students" participating in the pole vault, and that the staff was not "competent" to identify and eliminate those risks.
   The suit says the Kotys continue "to incur medical expenses and other out-of-pocket expenses associated with these injuries," and Kelsey "sustained an impaired earning ability as well as lost wages." They are seeking reimbursement, plus interest.
   "The focus is on the chain of events that led to this in the first place," said John Allison, Koty's attorney.
   Jarold Cartwright, assistant attorney general in Spokane, said the university is not liable, that Koty was aware of the inherent risks of pole vaulting, and the injury was the result of her own negligence.
   "The coaches, the officials at Eastern Washington are extremely competent," he said. "It'll be proven that these are very experienced people and extremely competent people."
   Kelsey Koty, now a senior at Eastern Washington in Cheney, is listed on the women's track and field roster but is not competing. Her career likely ended on Jan. 13, 2001.
   Eastern Washington hosted the Early Bird Open in the season-opener at Thorpe Fieldhouse. It was also the first meet for Koty, who was a freshman, and on her first attempt, she was trying to clear 9 feet, 8 inches.
   Witnesses told The Columbian in August 2001 that Koty veered toward the right, hit the bar, caught the edge of the mat and banged her head on the floor. She bled internally, slipped into a coma, suffered from pneumonia, cardiogenic shock, and spent two months in hospitals in Spokane.
   Koty experienced "impairment of speech, cognitive impairment and ... permanent injuries, the exact extent of which are unknown," the lawsuit says. Jim Koty said his daughter was diagnosed recently with a heart arrhythmia, although he wasn't sure the injury caused it.
   The mat that Kelsey Koty landed on was 16 feet by 12 feet, which met NCAA regulations at the time. Some schools would place extra padding around the landing pit.
   "In all the years of vaulting we've seen, we didn't feel we needed to do it," Stan Kerr, who coaches Eastern's vaulters, said in August 2001.
   "I believe the athletic world was understanding that the landing pits were insufficient (in size)," Allison said. "There was evidence of a great discussion and awareness that the landing pits needed to be improved."
   The fact that the pit met regulations "doesn't necessarily excuse the university for not making a decision that was right by its student-athletes."
   Cartwright said, "I'm not prepared to concede (having extra padding) was a common practice. The facilities at Eastern were appropriate and were ... the kind you could encounter at track meets around the country and around the world."
   A year after Kelsey Koty's injury, three athletes -- a sophomore at Penn State, two on the high school level -- died in pole vaulting accidents. And the NCAA widened and lengthened the pad prior to this academic year. Now, it measures 19-8 by 16-5.
   "Our contention is ... the pit was adequate and met regulations at the time," Cartwright said. "If there's a change this year, that wouldn't be retroactive to a meet that occurred three years ago."
   Despite the lingering side effects, Kelsey Koty's recovery is remarkable. Through summer classes and heavy course loads, she is on schedule to graduate in four years.
   "We're real impressed with her," Jim Koty said.
   "From where she was the moment after she was injured ... there are a lot of people who would say they never expected her to be at this point," Allison said. "But that's certainly not the end of the story."