Student says he was injured while playing game in gym class

By Kyla Asbury | Nov 20, 2012

WINFIELD – A Winfield High School student is suing the Putnam County Board of Education after he claims he was injured while playing a game in his physical education class.

Jerry Lee McCallister III, who was a minor at the time of the incident, in suing the Board of Education by and through his mother and legal guardian, Michele McCallister.

In March 2011, Jerry McCallister was part of a physical education class that implemented a game called Power Ball as a form of physical education, according to a complaint filed Nov. 13 in Putnam Circuit Court.

Jerry McCallister claims Power Ball was not an appropriate form of exercise or appropriate sporting activity.

Because of its rules and nature, Power Ball presented a heightened chance of students suffering injury, according to the suit.

Jerry McCallister claims the defendant was negligent when it conducted the physical education class that included Power Ball by allowing the students to participate in a game that presented an unreasonable level of danger; by providing improper supervision that resulted in him being injured; and the general disregard for his safety and well-being.

As a result of the defendant’s conduct, Jerry McCallister was seriously injured and suffered damages and losses, including pain and suffering, medical bills, permanent scarring and loss of function.

Jerry McCallister is seeking compensatory damages. He is being represented by Paul M. Stroebel.

Power Ball is similar to Dodge Ball, but students throw dodge balls at exercise balls in the middle of the gym, not at the students on the other team.

Putnam Circuit Court case number: 12-C-353

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