In June, I published an article entitled “Connecticut Court Finds Waiver Unenforceable in Negligence Claim Against High School Arising from Track Practice Injury” in Legal Issues in High School Athletics.
The article was based upon the Connecticut Superior Court case of Furlani v. Town of East Lyme, which involved a high school sprinter, Nicholas Furlani, who had been injured while practicing in the hallway of East Lyme High School.
The school claimed that Mr. Furlani had released it from any claim by virtue of a waiver signed by Mr. Furlani’s parents. The Court, denying the school’s Motion for Summary Judgment, held that the waiver was unenforceable. Accordingly, the case was headed to trial in December.
Now we have an update: the case has been settled. According to the The Day, Mr. Furlani received $325,000 to settle his claims. Counsel for the school cautions that the settlement is not to be construed as an admission of liability.
There are a number of sports law lessons that can be derived from this case, including the issue of high schools providing proper practice facilities and the enforceability of waivers in Connecticut.