Help create an argument for the defendant

Malik was the supervisor of an after-school sport program (run by ASP,Inc.). Malik was also an avid

fan of dodgeball, having played the sport since childhood, and he enjoyed the adrenaline rush and

competitive nature of the game.Dodgeball was just one sport in a series of activities provided by

the after-school sport program that included kickball, basketball, soccer, volleyball, and various

other games.

On a particularly hot day in early August, Malik was supervising a group of eight 6th graders in an

outdoor basketball game. The children were complaining about the heat, and the heat appeared to

be taking a toll on several of them. Malik, mindful of the dangers of heat illness, believed that it was

best to take his group inside. It was getting late in the day anyway, and only an hour was left until

activities ended for the day. Malik took the children inside into a multipurpose play area that was

set up for volleyball. Christie, a counselor with the program, was with her group of 8th graders, who

were playing volleyball. She also had eight in her group. Malik suggested that they play dodgeball

because Christie's group was tired of playing volleyball, and putting both groups together on one

volleyball court didn't seem like a good idea. Malik suggested that they take down the net. They

would leave the posts up and just warn the players to stay away from them because taking them

down was too much work. Malik and Christie split the groups so that each team had four 6th graders

and four 8th graders. They also warned the children about the volleyball posts. The children began

to play and seemed to enjoy it. To make the game more interesting, players who were hit with the ball

would sit out for only a few minutes and could then return to the game. They were instructed to sit

behind the volleyball posts near the centerline when hit by a ball.

Clara was one of the 6th graders in Malik's group. Despite her age, she was one of the best players

on the court. While throwing a ball, she was struck in the waist by a ball thrown by a member of the

opposing team. Clara was disappointed but ran to the sidelines to sit out. As she was running, a ball

was thrown by an 8th grader on the other team struck her ankle and she lost her balance. Clara fell for

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ward and struck one of the volleyball posts with the side of her head. Both counselors immediately

came to her aid and asked her how she felt. She said that her head hurt somewhat but that she was

OK and wanted to keep playing. Malik and Christie looked for swelling but saw none. Although they

knew she had struck the post with a lot of force, they decided that she could keep playing. Thirty

minutes later, the game ended. Clara told Malik that her head was hurting worse. The class was

ending in 10 minutes, and parents were already arriving to pick up their children. Malik wasn't sure

of the policy or standards relevant to head injuries, but he asked Christie to call 911. She went to

make the call. She returned 10 minutes later and said that she was delayed because she didn't know

that she needed to dial 9 first to call out. She finally figured this out on her own. By this time, Clara

was nauseous and incoherent and could not stand up. Her mother had just arrived and was holding

her. The ambulance arrived 10 minutes later and took Clara to the hospital. It was determined later

that she had suffered a serious head injury. Clara's mother sued Malik and ASP,Inc., for negligence.

Questions to consider when crafting your position statement.

1. Is dodgeball an unreasonably dangerous sport? Should it be played in K-12 schools?

2. Was it improper to leave the volleyball goals in place? Did this create an unreasonably dangerous

condition?

3. Should the counselors have allowed Clara to keep playing?

4. Did the delay in calling 911 increase the injury to Clara?

5. Were the children improperly matched (6th graders versus 8th graders)?

6. What procedures should have been communicated and practiced by camp personnel