Trumbull Family's School Gym Accident Suit Still Pending Despite Motion for Dismissal

A motion for dismissal remains on the table in a 2010 lawsuit in which a student said she suffered permanent injuries after a tennis ball hit by a racquet struck her in the right eye in gym class.

Kristen Sileo was 14 on Oct. 28, 2008, when she was hit by a high-speed tennis ball during a game of "tennis/baseball," according to the suit filed in 2010 against the town and the Trumbull Board of Education.

The sport involved "using a high-powered tennis racquet and a tennis ball allowing the ball to travel at high and unsafe speeds." The school failed to provide eye protection or other safety equipment, while holding the game indoors with a "large and dangerous number of field players," the suit states.

Sileo suffered a traumatic brain injury, cognitive disorder, a black eye, concussion, postconcussion syndrome, headaches, a diminished sense of smell, memory loss, poor concentration and physical and mental pain and suffering, the suit states.

Sileo's father, David, also a plaintiff, also charged the school with negligence and wants repayment for his daughter's hospital and therapy bills.

Attorneys for both sides were not immediately available for comment.