Koty Family Suing Eastern

[rainbowgirl28]

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."

[rainbowgirl28]

http://www.easterneronline.com/vnews/di ... 491ac7155a

Injured pole vaulter brings civil suit against EWU

By Suzanne Schreiner, Senior Reporter
January 10, 2005

The family of EWU pole vaulter Kelsey Koty, who was injured Jan. 13, 2001 in the Thorpe Fieldhouse, will have their civil lawsuit against the university brought to mediation Jan. 18. If mediation is unsuccessful, a trial is set for Sept. 12.

The Kotys’ complaint alleges that the family “sustained injuries and damages due to the negligence of EWU.â€Â

[ashcraftpv]

wow....this will be interesting to see just exactly how much the school will be held liable for this. I always find it interesting how both sides in cases like this are the polar opposite in their statements.

Koty: EWU is completely at fault. bad facilities, bad coaching
EWU: Koty is at fault. good facilities. good coaching

Can anyone attest to the condition of EWU's facilities when this happened?

I also hate to see Title IX get dragged into this........

[rainbowgirl28]

Can anyone attest to the condition of EWU's facilities when this happened?

From what I have heard, from people who were there, they had the guys and girls jumping at the same time on two different pits. The guys had the normal pit and the girls had a smaller pit, that was legal size at the time. I don't think there was any padding at all around the pit, and the floor of their fieldhouse is pretty hard.

They moved the state meet inside the fieldhouse in 2003. It's not the brightest facility in the world (as far as light), but I don't know that I would call it unsafe.

[MightyMouse]

The fact that the pit met regulations, leads me to believe that they arent going to get much out of this, it also seems like alot of their claims are without substance, and could apply to 3/4 the vaulting facilities in the US.

I know im going to sound cold hearted, but this case gives pole vaulting a bad name, for what seem like desperate claims.

What happened was a tragedy, but not every tragedy requires a lawsuite

[ashcraftpv]

I don't think there was any padding at all around the pit, and the floor of their fieldhouse is pretty hard.

this raises a good question in my mind. I know the current rule says all "hard and unyielding surfaces" must be covered with 2" of padding, but what's considered NOT to be a "hard and unyielding" surface? grass? turf? track?

[Mecham]

I actually go to EWU (im in high school though). And the coach is one of my coaches too. He is awesome, so i disagree with the lack of coaching ability

[rainbowgirl28]

I know im going to sound cold hearted, but this case gives pole vaulting a bad name, for what seem like desperate claims.

I don't think it's a desperate claim at all. From everything I have read and heard, the Koty family did not want to sue Eastern. They didn't intend to. But Kelsey never recovered 100%. She's not the same person she was before the accident.

How would you feel if you were her parents? Your daughter almost died. If she had been using the same pit as the boys, she probably would have been OK because it was a bigger pit. But the girls were on a smaller pit, all in the name of speeding up the meet.

I'm sure Kelsey's medical bills have been extensive, and I don't know how much of that Eastern covered.

I'd be willing to bet it settles out of court.

[lonestar]

Having not been there and not seen it happen, it's hard for any of us to pas judgment on it. With that said though, if I was her parents, had to endure my child's suffering, medical expenses, loss of functions, rehabilitation, and so on, I would want my child to be compensated for it.

A couple of questions this poses:

1) Was she being supervised at the time of the accident?

2) Was she jumping wildly, landing outside the PLZ area, prior to her crash?

As a coach myself, I would feel responsible if one of my athletes missed the pit. In 6 years of coaching, I've never had one athlete completely miss the pit, although I did it myself when I was jumping on an old, small pit in college. This was a legal pit, and if she was gripped properly on the right pole and coached properly, she shouldn't have missed it. If she had landed wildly prior to that jump, adjustments should have been made, but if she wasn't being supervised, how could she know what to do?

If I were that coach, would I want to be sued? Of course not, nobody does. The school has insurance though, and they hired the coach, so they should take responsibility for the accident.

Again, we're all speculating having not been there, but this accident never should have happened.

[rainbowgirl28]

http://www.easterneronline.com/vnews/di ... 7209101127

Koty mediation goes forward against EWU, could lead to possible Sept. trial

By Suzanne Schreiner, Senior Reporter
January 24, 2005

Lawyers for EWU and former pole vaulter Kelsey Koty, who suffered traumatic head injuries in a 2001 competition, discussed a settlement of the civil suit against Eastern Washington University Jan. 18.

The parties entered into mediation in the hope of avoiding a trial in the lawsuit. If unsuccessful, a trial is scheduled for September 2005.

Without admitting fault, EWU is negotiating with the Koty family and their medical insurer, according to Jarold Cartwright of the state Attorney General’s office, which represents EWU in the suit.

Cartwright said he could not name the amount the University is proposing to settle the Kotys’ claim but believes the negotiations may be concluded within a week to 10 days. Koty struck her head on the tartan floor of Thorpe Fieldhouse during the first meet of her freshman year, while attempting a vault of 9 feet, 8 inches. Three years later, in January 2004, the family brought a personal injury claim against EWU, alleging negligence and seeking damages.

Cartwright said the settlement hinges on agreement between the Kotys and their medical insurer regarding how much will be reimbursed to the insurer for what has been paid out to the Kotys to treat Kelsey’s injuries.

In the event of a settlement between the Kotys and EWU, the insurer has a right of reimbursement, though the rate of reimbursement can vary widely. Generally, though, it is unusual for insurers to receive full reimbursement, Cartwright said.

In addition to compensation for medical expenses, the family is seeking damages for impaired learning ability, as well as mental anguish and emotional distress they claim to have suffered as a result of her injuries.

After intensive therapy in the summer of 2001, Koty returned to classes at EWU the following fall and said at the time she hoped to compete in the pole vault again. Coach Marcia Mecklenberg said, “She never really left the teamâ€Â