Lawsuit claiming Marian HS swimmer competed after hitting head on diving board dismissed

INDIANAPOLIS (WNDU) - A lawsuit that claims Marian High School allowed a member of the swim team to compete in a meet after she hit her head on a diving board during warmups has been dismissed.

Indiana law says any student athlete suspected of having a concussion shall be removed from play.

According to the suit, the student had to be helped out of the water by a teammate and was given ice to apply to a knot on her head. After the meet, the student sought medical treatment and was diagnosed with a broken nose and a concussion.

Last week the suit was ordered dismissed by the Indiana Court of Appeals because the student’s injuries were not caused by any negligence on the part of the school, or the Catholic Diocese,

The court further found that the swimmer suffered injuries that were subjective in nature.

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