Court: UNC Must Pay For Injury

The cheerleader, Robin Davidson, suffered permanent brain damage after falling off the top of a pyramid while practicing in Carmichael Auditorium.

Davidson sued the University through the N.C. Industrial Commission for $500,000 -- the maximum amount that can be awarded in lawsuits against the state.

Davidson's lawyers claimed the University should have provided the cheerleading squad with a trained coach to prevent injury.

The N.C. Industrial Commission is responsible for handling financial claims against state agencies like the University.

According to The Associated Press, the appeals court decision reverses an earlier commission ruling that UNC was not required to provide a coach or monitor the junior varsity squads' activities.

But UNC law Professor Charles Daye said the decision is not final and only requires the commission to rehear the case.

According to the AP, Hudson wrote that UNC and its employees "had an affirmative duty to exercise that degree of care which a reasonable and prudent person would exercise under the same or similar circumstances."

Daye said the decision is not a surprising one and will not have much effect on athletic policies if it is upheld. "All this means is that a university that sponsors a cheerleading squad must exercise reasonable care," he said. "It's the same responsibility anyone putting together a cheerleading squad would have."

University officials would not comment on the ruling and directed all questions to the state attorney general's office.

But John Bason, public information officer for the attorney general's office, said he could not comment on the case because the ruling is under review.

Davidson's attorney, Michael Anderson, said Davidson's family is pleased with the recent decision. "I think everybody is very gratified that the court of appeals recognized the duty the University has to students who participate in university functions," he said.

Anderson said the pyramid Davidson was practicing when she fell had been previously banned by the Atlantic Coast Conference because of its dangerous nature, but UNC made no effort to address the safety risks for the cheerleaders. "The University was charged with the responsibility of regulating and making sure the J.V. cheerleaders were safe, but that regulation and assurance never happened."

Anderson said the case did not reach trial until a few years after the incident because lawyers had a difficult time obtaining evidence and witnesses.

Despite the lawsuit, Anderson said UNC was helpful to Davidson and her family after the accident.

He said Davidson had been in a coma for several weeks following the incident but that the University allowed her to come back and try to complete her studies. "She almost made it," he said. "She only has about three hours to go, but it became too overwhelming for her."

But Anderson added that the family is pleased with UNC's reaction. "The Davidsons have always been very happy with the support the University gave Robin after she got hurt."

The State & National Editor can be reached at stntdesk@unc.edu.