The Spackenkill School District has been ordered by a jury to pay Emily McGinley and her father Gregg $1.1 million after she was struck in the head with a bat during softball practice following a two-week trial.
In 2013, the softball team was practicing indoors at Nassau Elementary School and McGinley, who was 15 at the time was involved in a soft toss batting drill, where she was the tosser, according to Finkelstein and Partners, which represented her.
An identical drill was going on behind her, and since the girls were not properly spaced out, she was hit in the head with a metal bat. McGinley lost consciousness and was diagnosed with a concussion, Finkelstein and Partners said.
She had various traumatic brain injury symptoms which included Post Trauma Vision Syndrome, which causes an inability of the brain to properly process information which the eyes are sending it, Finkelstein and Partners said.
Finkelstein and Partners said the coach was not qualified, the school district did not provide or require any training of coaches and had no rules in place for setting up safe practice drills.
The settlement will be covered by insurance. Spackenkill Superintendent Mark Villanti told the Poughkeepsie Journal the incident was an accident and the district has made changes to ensure it doesn't happen again.
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