Appeals court sides with paralyzed cheerleader

By: AP
By: AP

Omaha, NE (AP) - A federal appeals court has upheld judgment in favor of a former cheerleader paralyzed in a tumbling accident who sued Nebraska-based insurance company Mutual of Omaha for refusing to pay his claim.

The lawsuit focuses on an insurance policy bought by Prairie View A&M University in Texas to cover its athletes. Wesley Patterson, of Houston, was a cheerleader at the school in 2008 when he was injured.

Wesley's lawsuit says Mutual of Omaha reneged on a promise to cover serious injuries like his that result from the school's negligence. The insurer argued it shouldn't have to cover Wesley's injuries because they occurred in a gym class taught by the cheerleading coach, not at an official cheerleading practice session.

On Friday, the 8th U.S. Circuit Court of Appeals sided with Wesley.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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