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Woman hit by football loses lawsuit
By JEFF REINITZ, Courier Staff Writer
WATERLOO --- A woman who was struck by a football between games at the Columbus High School field last year should have taken a different path to the concession stand, a judge ruled in turning down her injury claim against the school.
Connie Saboe of West Union and her husband, Ronald Saboe, took Columbus High, the Archdiocese of Dubuque and the Sailors' field goal kicker to small claims court after a football hit her in the head after she bought a pretzel during last year's game with North Fayette.
The case, which was filed in May, went to trial Monday in Black Hawk County District Court.
In a written ruling submitted Thursday, Associate Judge Jeffrey Harris said Connie Saboe assumed the risks when she followed a sidewalk into an area where she knew footballs would be kicked and, therefore, was barred from recovering damages.
"Alternative routes of travel were available to Connie Saboe" Harris wrote. "In selecting a route that would subject her to the danger of being struck by a kicked or errant football, the court assesses 100 percent comparative negligence to her."
Connie Saboe attended the game, because her son played on North Fayette's freshman squad and her husband photographed the games for a newspaper.
During Monday's trial, she said there were no warnings about balls being kicked in the warm up between games.
Judge Harris didn't credit Saboe's statement that she didn't know footballs were being kicked when she departed the concession stand.
Paramedics took her to Covenant Medical Center, where she had X-rays. She had a headache for about a week and found it difficult to move her neck for a month, but she didn't require any follow-up medical attention.
She asked for $5,000 to cover medical bills.
Contact Jeff Reinitz at (319) 291-1578 or jeff.reinitz@wcfcourier.com.
Connie Saboe of West Union and her husband, Ronald Saboe, took Columbus High, the Archdiocese of Dubuque and the Sailors' field goal kicker to small claims court after a football hit her in the head after she bought a pretzel during last year's game with North Fayette.
The case, which was filed in May, went to trial Monday in Black Hawk County District Court.
In a written ruling submitted Thursday, Associate Judge Jeffrey Harris said Connie Saboe assumed the risks when she followed a sidewalk into an area where she knew footballs would be kicked and, therefore, was barred from recovering damages.
"Alternative routes of travel were available to Connie Saboe" Harris wrote. "In selecting a route that would subject her to the danger of being struck by a kicked or errant football, the court assesses 100 percent comparative negligence to her."
Connie Saboe attended the game, because her son played on North Fayette's freshman squad and her husband photographed the games for a newspaper.
During Monday's trial, she said there were no warnings about balls being kicked in the warm up between games.
Judge Harris didn't credit Saboe's statement that she didn't know footballs were being kicked when she departed the concession stand.
Paramedics took her to Covenant Medical Center, where she had X-rays. She had a headache for about a week and found it difficult to move her neck for a month, but she didn't require any follow-up medical attention.
She asked for $5,000 to cover medical bills.
Contact Jeff Reinitz at (319) 291-1578 or jeff.reinitz@wcfcourier.com.
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thank you judge wrote on Oct 7, 2006 7:55 AM:
" there is always an assumed risk when going to a football or baseball game. Suing a high school kicker is crazy and Ms. Saboe should be ashamed of herself. "
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Head's Up wrote on Oct 7, 2006 6:36 AM: