College Student in RI Being Sued for $590,000 in Damages - Allegedly Caused Playing Frisbee
Thursday, March 05, 2020
A student at Bryant University is being sued by the school's insurance company — for allegedly causing nearly $600,000 in damages after playing Frisbee in a school hallway.
The American Guarantee and Liability Insurance Company has filed suit against New Hampshire native Mason Smith in federal court after they said Smith threw a Frisbee indoors — against college rules — that struck a sprinkler pipe ultimately causing the more than half a million dollars in damage.
The Frisbee is the famous "flying disc" created by the Wham-O company.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLAST"If your disc doesn’t say Frisbee® – it is not real! Choose only Original Frisbee® by Wham-O! Whether you play for fun, on a beach, in the backyard, at night, with kids, with your friends, their dog, or if you practice Ultimate or Frisbee® Golf – Wham-O got you covered!" according to the Wham-O company.
Neither the alleged Frisbee thrower nor the litigious insurance company is answering questions about the legal battle.
Wham-O's Frisbee Is at the Center of the Lawsuit
“On or about May 8, 2019, Defendant Smith was in the hallway on the third floor of Bristol House/Hall 15 playing Frisbee with several other students in violation of building regulations,” alleges insurance company attorney Matthew DiMario in the court filing.
“Defendant Smith threw the Frisbee which struck the sprinkler pipe, breaking it and causing the fire suppression system to activate and release water from the sprinkler system which resulted in severe and extensive water damage from the 3rd floor of Bristol House/Hall 15 down to the basement (hereinafter “the incident”).”
The lawsuit goes on to state:
"Students living in residence halls are forbidden from causing damage to University property and “[e]ach student is financially responsible for the cost of replacement or repair of any breakage or damage (except normal wear and tear) to his/her room/suite/townhouse and its furnishings and his/her share of the costs to any damages in the common areas of the residence halls.”
In addition, “Hall sports are strictly prohibited in all residence halls.”
The suit alleges that Mason then fled the scene — without alerting authorities.
"After the water began to discharge, Defendant Smith threw the Frisbee in the stairwell and left the premises without notifying any authorities of the incident. As a result of the water discharge and resulting damages described above, Plaintiff’s insured, Bryant University, submitted a claim to American Guarantee. Pursuant to its policy of insurance, Plaintiff paid in excess of $590,000.00 for the damages suffered by its insured," states the suit.
Grounds for Suit
The insurance company is suing Mason for negligence and breach of contract, stating that Smith is “liable and legally responsible for the incident and resulting property damages and expenses and losses suffered by Plaintiff, in one or more of the following ways:
a) throwing a Frisbee on the third floor of Hall 15 and striking the sprinkler pipe;
b) failing to maintain and protect the property in a proper and safe manner;
c) causing and/or allowing the water to run continuously resulting in the flooding of the property; and,
d) otherwise failing to use due care under the circumstances.
“The damage sustained from the incident would not have occurred but for Defendant Smith’s breach of his duties of reasonable care,” states the suit. “Plaintiff American Guarantee demands judgment against Defendant Smith in an amount of $590,000.00, plus interest.”
According to the court filing, Mason is demanding a trial by jury.
Bryant University would not respond to requests for comments either.
