Teen’s Late Night Game Ends in Tragedy

A woman who was with a group of children playing a late-night game of hide-and-seek when a Texas teen impaled himself on the horn of a bull statue says she isn't exactly sure how it happened but that the boy's death was a "pure accident."

Marenda Podhorksy, a mother of four who was one of two adults nearby when 14-year-old Miguel Martinez impaled himself on the statue's horn as he played in a park early Saturday near the National Ranching Heritage Center on the Texas Tech University campus in Lubbock, said she's not sure if the boy slipped, tripped or was trying to hurdle the horn.

"There are a hundred scenarios that could have happened," said Podhorksy, whose son Jeremy Warren was friends with Martinez. The teenager was spending the night with Warren and the boys and some other children were awake well past midnight after eating sweets to celebrate her boyfriend's birthday.

There is gravel around the statue and light fixtures surround it, so the teen could have slipped on the gravel, tripped on a light fixture or been trying to jump the horn as Warren had done a short time before the accident, the woman said.

"Maybe we shouldn't have been out that late," she said. "It was pure accident. We'd been playing for like an hour."

When Podhorsky heard a thump, she thought Martinez might have been knocked down by the bull's horn during a game of hide-and-seek. Instead, the boy suffered a chest wound. Podhorsky said she knew when she saw what had happened that Martinez might die.

University police are investigating the teen's death. The department would not release a tape of the 911 call made by Podhorsky's boyfriend.

Martinez lived with his 18-year-old sister but was over at Podhorsky's house almost daily, Podhorsky said. Her son, she said, is dealing with his friend's death as well as can be expected.

"We just keep talking about the good times," Podhorsky said. "I hate it for my kids. I hate the fact that I couldn't help him. He wasn't my kid but I claimed him as my kid. He was with me all the time. I just feel like I let him down."

Messages left Tuesday for Martinez's sister, Vanessa Martinez, were not immediately returned. Attempts to reach their mother, Judith Leseberg, were unsuccessful.

A friend of Vanessa Martinez, Brenda Garcia, said she heard that the teen was able to remove himself from the horn "and then turned around and said, 'Jeremy, help!'"

Warren told KCBD-TV in Lubbock that he then rushed over to his friend.

In a statement, the university said changes could come as a result of the accident.

"Anytime unforeseen accidents occur, we review our policies, practices, and even our facilities to determine if any changes are needed to avoid similar events in the future," university spokesman Chris Cook said.

This tragic case raises questions of responsibility on the part of the adults supervising the young teens and the University that hosted the party.  Certainly, adults in this circumstance have an obligation to take reasonable steps to ensure the safety of the children.  That responsibility may include surveying the site to ensure there are no risks of serious injury or death in the area before allowing the youths to play in the area.  It may also include establishing a reasonable end time for the high action playing or limiting the games to that which is safe in the circumstance. 

Likewise, the University is obliged to ensure that its facilities, structures and grounds do not present an unreasonable risk of injury or death.  This responsibility may include blunting or capping the horns on the statue or restricting access to the statue.  It may also include establishing a safe perimeter around the statue or limiting the times when visitors may remain in the area.  Late night activities are often more dangerous given the lack of natural lighting and prospect that the activities may not be supervised by an adult.

This is a case that begs for the attention of an experienced and proven injury attorney.  The trial attorneys at Fisher Injury Lawyers have recovered over $40,000,000.00 for our clients.  We have the experience, resources and reputation to immediately and completely investigate even the most complex cases.  Our staff includes an in house engineer and an attorney/engineer giving us an advantage that few injury or defense law firms can match. Our attorneys are licensed to practice law in Louisiana and Texas and have represented clients from Washington state to Connecticut and Canada to the Rio Grande. Call us anytime.  We are always here for you.

Texas Injury Attorney

Texas Accident Lawyer

Baton Rouge Injury Attorney

Louisiana Accident Lawyer

Source: theadvocate.com