BELFAST – The mother of the teenage runner who died while competing in a cross-country race two years ago has filed a wrongful death lawsuit, alleging that authorities wasted a crucial two hours before the boy’s body was found.
The suit was filed Friday in Waldo County Superior Court by Maura DiPrete on behalf of the estate of her son, Joseph A. DiPrete-DiGioia.
DiPrete-DiGioia, 14, of Belfast collapsed during a race at the Maine Cross Country Festival of Champions at the Troy Howard Middle School on Oct. 4, 2003.
His mother charges the school district and staff with negligence and willful, wanton and reckless conduct before and during the race. The cause of the boy’s death was determined to be cardiac arrhythmia.
Named as defendants are SAD 34, Belfast Area High School, high school Principal Butch Arthers, Assistant Principal Bruce Mailloux, athletic director Terry Kenniston, and coaches Joann Nealey, Dale Nealey, Henry Bouchard and Ray Danielson.
SAD 34 Superintendent Bob Young said Monday he was prohibited from commenting on the allegations because the matter is in the courts.
The suit alleges that the supervisors and coaches wasted critical time between the moment DiPrete-DiGioia was reported missing from the race by his parents and the organization of search parties to locate him.
Attorney Jacqueline W. Rider of Portland indicated that as much as two hours passed before Joann Nealey located DiPrete-DiGioia in wet grass beside the running course.
Two additional races, after the one DiPrete-DiGioia failed to finish, were allowed to take place before a search was organized, according to the suit.
In DiPrete-DiGioia’s race 160 runners competed. In all races that day, 550 runners competed.
Rider contended that had organizers of the meet acted sooner, it was likely that “medical intervention would have saved” the boy because his medical condition “was reversible and treatable” at the time he collapsed.
Rider claimed that after DiPrete-DiGioia collapsed from cardiac arrhythmia, he had developed “progressive hypothermia” while he lay on the ground undetected for two hours. She contended that the boy was “conscious or semi-conscious” until he was stricken by a second cardiac arrhythmia that took his life.
According to the suit, DiPrete-DiGioia was last seen passing the 3.1-mile race course’s 11/2-mile marker at approximately 12:50 p.m. His body was discovered about 3 p.m. His mother was present when he was found. When she reached out to her son, she concluded that his body was still warm to the touch, the lawsuit says.
Attempts to revive DiPrete-DiGioia were unsuccessful, and he was pronounced dead at Waldo County General Hospital at 3:39 p.m. The suit indicated that one week before the cross country meet, DiPrete-DiGioia complained to his coach that he “felt bad all over” after completing a practice run. The suit charged that the coach should have insisted that he receive medical clearance before allowing him to compete in the race.
“The defendants did not make any attempt to limit Joe’s participation in future cross-country events or require that he be physically examined prior to further cross-country events,” Rider says in the suit.
The supervisors are cited as allegedly negligent for failing to institute an immediate search, failing to use the public address system to alert the crowd and participants that a runner was missing, failing to train officials and coaches in emergency response procedures, failing to suspend the event when DiPrete-DiGioia was first reported missing, and acting in reckless disregard for his safety.
“Despite the fact that defendants knew or should have known of such danger and harm, defendants failed to reasonably search for and locate Joe, and thus engaged in conduct which shows an utter indifference to, or conscious disregard for, Joe’s safety which was so outrageous that malice is implied by defendants actions and omissions,” the suit says. “As a result of the defendants’ willful, wanton and reckless conduct,” his estate is entitled to punitive damages, plus interest and costs, the lawsuit alleges.
Comments
comments for this post are closed