by RUTH KIM
Everyone knows a game of dodgeball isn’t complete without a few bruises, but when it’s a broken and deformed nose, has it gone too far?
The parents of Yong Seong Cho, a student in the Jamesville-DeWitt school district near Syracuse, N.Y., who was reportedly injured during gym class, certainly think so.
Cho’s parents are suing the school district for a school-related incident involving their son that occurred in January 2013, Syracuse.com reported. Cho, a fifth-grader at the time, was in the midst of dodge ball skirmish when he suffered a broken nose after a fellow classmate ran into him.
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The boy and his parents were later told by doctors that the nose should not be straightened until after he becomes an adult, in fear of future problems that the surgery may cause during his growth spurt. So, until then, Cho will remain “deformed” with one nostril larger than the other.
According to the lawsuit, Min Won Cho and Soo Ryun Lee, Cho’s parents, took their claim to the district, which paid for some of Cho’s initial bills, but nothing concrete was settled for a year. Now, the parents are demanding the district pay for the full medical expenses, which amount to more than $30,000, as well as compensation for their son’s pain and disfigurement, an additional payment of $300,000.
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The lawsuit raises the question: is dodgeball too dangerous of a sport for young students to play at school? This “age-old schoolyard game,” as referred to in court documents, is facing disapproval from parents worried about their children’s safety as well as the Society of Health and Physical Educators, who call the game “not an appropriate activity for schools.”
These allegations notwithstanding, Cho was not a victim of the actual ball thrown by some menacing bully, but by an autistic classmate who became frightened and accidentally crashed into Cho.
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According to Syracuse.com, “The panicked classmate, who has autism, ran aimlessly around the small gym until his head crashed into the face of the injured boy, said the family’s lawyer, Joseph Cote.”
Cho’s parents may be overreacting a touch with the lawsuit — many commentators advise them to “get over it” — but their actions, taken as parents concerned for their child, are understandable. Nonetheless, dodgeball has a long and beloved history, despite minor casualties, and it may take more than a broken nose to take it out of gym class.
According to LinkedIn, the father of the injured boy, Min Won Cho, is an associate attorney with personal injury firm Cote & Van Dyke LLP in Syracuse and is being represented by the firm’s founding partner.
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