Harold Rucker (Silver Creek HS, San Jose 1986; California)

Rucker was struck in the head by a hammer at Cal.

"Co-counsel, Rucker v Regents of the University of California, settlement for $2,250,000. Harold Rucker was a member of the Cal Berkeley track team who participated in the triple jump. The team was coached by Olympic track coach Irv Hunt. At the time of Mr. Rucker's injury, Coach Hunt allowed hammer throwers to practice their event while other track team members ran around the track and practiced on a nearby triple jump runway. An errant throw by a hammer thrower resulted in Mr. Rucker being struck in the head and sustaining permanent brain damage. Plaintiff alleged that the track coach was negligent for allowing the hammer throwers to practice at the same time that other track team members were within range of the throwers. The University contended that the plaintiff was aware of the dangers involved, was aware the hammer throwers were practicing in the area, and assumed the risk of injury by not paying attention while the hammer throwers practiced their event. The University filed for a writ of mandate with the appellate courts seeking a holding that plaintiff's claim was barred as a matter of law under the assumption of risk doctrine. The appellate court rejected this contention and the California Supreme Court further refused to grant the University the relief it sought. The University has since changed its policy so that other track members are not practicing anywhere in the vicinity of hammer throwers while they are on the field."

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