Michigan Court Reinstates Injured Cheerleader’s Lawsuit

A civil lawsuit accusing a Detroit area youth football league and team of negligence contributing to a cheerleader’s injury has been reinstated by the Michigan Court of Appeals.

The Appeals Court reversed a Macomb County Circuit Court ruling and reassigned Renee Sherry’s suit on behalf of her daughter, Jessicca, The Macomb Daily in Mount Clemens reported.

Renee Sherry sued the East Suburban Football League and Macomb Mustangs for negligence after her daughter was dropped while participating in a 2005 cheerleading camp practice. The suit was dismissed by the lower court in 2009.

The Appeals Court ruling affirms that private organizations and coaches are liable for negligence, said attorney Scott Erskine, who represents the Sherrys.

Jessicca was 11 when she fell through the arms of three other cheerleaders during a “full extension” stunt at a cheerleading camp in Sterling Heights, Erskine said.

A coach had left the girls unsupervised after scolding them about “horsing around” moments before Jessicca was dropped, he added.

The girls also had moved on to the more difficult stunt without mastering the steps leading up to it, Erskine said.

Jessicca, now 17, may “never have full range of motion” in her injured right arm, he said.

But league attorney John Gillooly said the league and parents running it deny being negligent.

“It’s all about money; that’s all it is,” he said. “Unfortunately, someone chose to sue parents and a football franchise and league for an injury where she healed very quickly.

“It was an unfortunate incident that happened. There was no negligence on anyone’s part.”

No decision has been made to take the Appeals Court ruling to the state Supreme Court.

The league has liability insurance and already has spent more than $10,000 in legal fees. The suit seeks damages of over $25,000.

The Appeals Court ruling jeopardizes recreational activities of local sports organizations across the state, Gillooly said.