SHARECOMMENTMORE

The parents of a Chautauqua County teenager who died after a high school football game last fall may sue over their son's death.

Damon Janes' parents have filed a notice of claim against two schools. The notice of claim preserves the family's right to file a lawsuit within the next year.

Damon, who was 16 years old, died last September at Women and Children's Hospital; three days after playing in a game for the combined Westfield/Brocton football team.

There were initial reports that Damon's death was caused by a helmet-to-helmet hit during a game against Portville.

But the notice of claim against both Westfield Academy and Brocton implies that Damon may have been initially hurt in a game the week before that.

The nature of the claim states that it's "for conscious pain and suffering and wrongful death" arising out of negligence.

It says the schools failed to have "a qualified person to give emergency care" at the game as is recommended by the state public high school athletic association.

It also charges that the two schools failed to provide a "proper fitting helmet" and that it failed to "inspect and replace helmets."

It alleges that when Damon showed signs of being hurt, those in charge refused to "pull him from the game and recklessly continued to allow him to keep playing."

Then speaking of the game the week before the Portville game, the claim states that the two schools failed to monitor Damon "between games when it was apparent he had suffered an injury."

The claim against the schools was filed last month.

An attorney for the family did not return calls from 2 On Your Side.

The superintendents for Westfield and Brocton declined to comment on the notice of claim.

SHARECOMMENTMORE