Former cheerleader sues SJSU Lawsuit seeks $30 mil. payout by Luke Stangel, Staff Writer
A former San Jose State University cheerleader is suing SJSU for $30 million, after she fell during practice three years ago and was paralyzed from the waist down.
Lawyers for the cheerleader and the school will try to settle the case today in private mediation. They plan to return to civil court on March 6th to give the judge an update on the case, which could go to trial if early settlement talks fail.
Rechelle Sneath was an 18-year-old freshman when she fell while practicing an ariel routine with her fellow Spirit Squad members on Jan. 7, 2004.
In the lawsuit, Sneath claims her coach, Jenise Mills-Fitzpatrick, pushed the cheerleading quad that day, forcing them to do push-ups when they made errors. She asked Sneath to perform two back tuck basket tosses- where a cheerleader is thrown in the air and caought by as many as four cheerleaders forming a "basket" with their arms- although Sneath had done the maneuver just six times before, according to the lawsuit.
Sneath claims she asked for two extra "spotters" the day of the accident, to catch her if she fell. Mills-Fitzpatrick allegedly didn't provide the spotters, and didn't directly suprivise the maneuver. Adter the accident, Mills-Fitzpatrick didn't immediately call paramedics and instead pumped Sneath's legs back and forth, according to the lawsuit.
Today, Sneath is partially paralyzed and uses a wheelchair. Reached at home Monday, Sneath declined to comment abou tthe case or the accident.
"She had a nerve injury that resulted in her being rendered paraplegic," said Sneath's lawyer, Cynthia Guinn. "With most inguries of the type, if they're going to improve to any significant degree, the do so withing a couple of years. It doesn't deter her from trying, by realistically, the statistics don't favor much more in the way of improvement for Rechelle."
In an earlier court filing, Sneath's Lawyers estimated the school owes her $30 million for the accident, $15 million for past and future medical expenses, $10 million for past and future loss of income and $5 million for the loss of household services.
The exact amount of money the school will pay - if any remains unknown. The school has argued in the past that Sneath signed a waiver before joining the Spirit Squad assuming liability for any injuries she suffered while practicing or performning on the team, said Thomas Beatty, one of the lawyers representing the school for this case.
Both Sneath and Millz-Fitzpatrick are expected to appear at the private mediation hearing today in downtown San Jose. Beatty declined to name the officials from the school or the California State University system who would also appear at the hearing.
In mediation, a court-appointed negotiator tries to get lawyers on both sides of the argument to agree on mutually acceptable settlement terms, Beatty said. In injury lawsuits like Sneath's, the negotiator will try to get both sides to agree on the amount of money the victim is entitled to.
University President Don Kassing was not immediately available for comment Monday.
Mills-Fitzpatrick works as a special education teacher in Modesto and is head coach of the dance program at the University of the Pacific in Stockton, Beatty said. Mills-Fitzpartick spent five seasons as a cheerleader for the San Fransisco 49ers and two seasons as a cheerleader with the San Jose SaberCats arena football team, according to the University of the Pacific's Web site.
Mills-Fitzpatrick has coordinated cheerleading routines for the Dallas Cowboys, the Atlanta Falcons, St. Louis Rams, Oakland Raiders, Miami Dolphins, Tennessee Titans and the San Diego Chargers, and spent five seasons as the head coach of both the cheer and dance programs at SJSU, according to the University of the Pacific's Web site.
Mills-Fitzpatrick could not be reached for comment Monday. Sneath's lawyers set up a Web site after the accidednt to raise money for Sneath's rehabilitation, www.rechellesneath.com
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personally.. i think shes asking for A LOT of money. 30 million! that seems out of reason for me but i do not know all the medical costs either.
and she did sign a contract... and basically those contracts say that you usually cant sue even in the case of death. so what do you think? do you think it was the coaches fault? do you think this could have been easily prevented? and do you think USASF should think twice before bringing level 6 teams into senior and junior divisions? (I DO!)
My heart goes out to any cheerleader or team that gets injured, but I feel this country is very sue happy, in terms of asking for millions of dollars for accident. Is it really going to cost 30 million dollars for her medical costs. I think the school & coach should be held accountable for the incident, but not for the cost of 30 million dollars. Cases like this are making college cheerleading go down every single year. It will be to the point of non exhistent. All I can say consistent training and spotting ALL the time is what needs to happen. It's still very sad about that girl who got hurt.
Hi~ i am the girl who got injured 7 years ago while working with Pyramids. i broke my neck while instructing a high school camp. you can read the nitty gritty details of my injury on my myspace (yes it is clean and child friendly) at www.myspace.com/jennimc $30 million dollars is NOT too much to ask for.
the thing about spinal cord injuries (which is what Rachelle has) is that there are a lot more functions affected than just leg movement. if you reeeeeally want to get into specifics, i can do that privately. i can tell you one very private aspect of my different life............. it costs me $12 to go pee........each time! i know, my jaw drops at that amount too! medical supplies are EXPENSIVE!! so, to just go pee for 10 years, 10 times a day, (hopefully costs will stay the exact same), it will cost $438,000!!!! holy cow!
i actually know Rachelle, we both go to therapy together. We both moved down to So. Cal to attend a program called Project Walk ( www.projectwalk.org ), i also go to a similar facility called Awakenings ( www.awakeningshealthinstitute.org ). Project Walk costs $100/hr. | go for 9 hours a week, i'm not sure how often Rachelle goes. It adds up quick. My manual wheelchair cost $4600, she seems to use a similar one. umm my 1st CAR cost about 1/2 that!!!!
i have talked with Rachelle about how her accident happened and what went on that day, i will not quote her though. But, by the way the article reads, it does seem that Rachelle may have a good case for proving negligence.
it's not that Rachelle is suit happy, it is that medical expenses in such sever cases are astronomical! and insurance companies want to pay for a little as possible.
she's not asking too much, she's just asking to live a life that is of the same standards as her life before her accident. i would give her every cent.
~jennifer
p.s. this is soooo off the topic, but RACHELLE AND I WILL BE WALKING AGAIN, SOON! i worked on crawling yesterday for the first time and it was awesome!
The school is liable. Even if she signed papers they are still responsible. They should be held acountable for this tragic accident. When you go ice skating or do any sport and you or your child gets hurt even though you supposedly release liablity they are still liable. When you give your car to valet and they give you a card saying there not liable they are. They will have to figure an amount out. They should absouluty pay her medical bills and lost income and future medical needs. That is going to add up to several million dollars. Then there is pain and suffering. Can you put dollar amount on what your legs etc. are worth. I can't. To tell you the truth she was only 18 and 30 million may not be enough. Hopefully she will live a long life. I hope someday she will walk again. Best of luck to her.
Hello, I usually don't post on here, I'm just an avid reader. I felt that this is such a controversial topic and there are always two sides to every story. With that being said, I decided to put in my thoughts.
Side 1-
I, myself, cheered for SJSU 7 years ago and "quit" because I felt it was unsafe. The coach, being a dance instructor, did not know the basics to stunt technique and stunt safety. I did not feel comfortable trying the stunts without propper instruction, even though I knew how to execute them from previous teams. I broke my elbow bone and when it healed, I felt as though antoher injury could happen. All in all, I was afraid of being injured again and did not want to take the risk.
Side 2-
An event in this nature could happen to ANY coach/program/school at ANY time. As we all know, the world of cheerleading isn't the safest place to be. Put yourself in the shoes of the coach and think about how you would feel! I know that if that was me, I would not be able to sleep at night knowing I was the individual in charge.
I was not there for this event but have heard various versions of the story. It is very sad and I wish nothing but the best of luck to the girl and her family.
As stated the sport of cheerleading has its risks but it is the responsibility of the school/gym to limit those risks as much as possible and provide a safe environment for the athletes. This coach apparently had great creditentials coaching professional "cheerleaders" but they don't do the stunts/tumbling of "true" cheerleaders. They are dancers. The school should have hired a coach qualified to instruct the athletes to perform these stunts.
As each of these stories are brought to the public's attention, I remind my daughters that they ultimately have the decision on what they are comfortable doing. Their safety comes first and should express their concerns to the coach and refuse to do something they feel may jeopardize their safety. Hopefully, awareness of these unfortunate events and the institution of qualified coaches and safety precautions will prevent others from being injured.
