CLAY WOMAN SUING OVER NOVELTY FOOTBALL TOSSED AT GAME

(12/25/2004)
A Clay County woman is suing the Logan County Board of Education, claiming that a Logan High School ballgame tradition of tossing small lightweight balls into the crowd has caused her "serious bodily injury."

Donna Llyn Drake, 49, of Clay County, claims that her hand was injured when she was struck by a young boy and a small, lightweight, plastic, novelty ball, which Logan High School Cheerleaders tossed into crowds during halftime activities for at least 14 years.

Drake's complaint says the school's cheerleaders began tossing the balls into the crowd and "a youth ... between 13-15 years of age was running and lunging around [Drake] when at least one of the footballs came directly toward [Drake's] face."

She was allegedly struck by both the boy and the football.

The suit says the ball tossing event caused "chaos and confusion" and was performed in an unsupervised manner.

Drake's complaint says she has "both a temporary and permanent injury that has required immediate care and treatment and will cause long term care," losing partial use of her right hand and finger.

"The appearance of the whole hand is just plain ugly and unrepresentable. I am embarrassed to offer my hand."

During a pre-trial deposition, one of Drake's attending physicians testified that it would be unlikely for the type of ball in question could cause serious injury.

Drake is asking for monetary damages.