Ann Maher Aug. 20, 2014, 3:42pm

Madison County Circuit Judge Dennis Ruth has dismissed a personal injury lawsuit accusing a Granite City junior high school student of failing to keep a proper lookout during an indoor game of hockey.

Kimberly Dunn, mother of Cory Dunn, sued Raymond Andrews, father of Janet Andrews, in April, claiming Janet struck Cory in the mouth with a hockey stick while playing in the gym at Coolidge Junior High School on Feb. 26.

Because of the incident, Cory was made sick, sore, lame, disordered and disabled, suffered extensive injuries to his mouth and endured a loss of his front teeth, which were knocked out, according to the suit. Cory also suffered disfigurement and experienced pain and suffering, the suit states.

Kimberly Dunn blamed Janet claiming she failed to stop her hockey stick before it became a high stick, failed to properly keep her stick under control and used a high stick.

Ruth's Aug. 14 order grants Kimberly Dunn's motion for voluntary dismissal without prejudice.

Defendant Raymond Andrews, represented by Gerald Sims of St. Louis, also had argued for dismissal saying the plaintiff failed to state a claim.

"The complaint sounds only in negligence and fails to allege intentional or wilful and wanton misconduct on the part of Defendant," Sims wrote.

"Hockey is a contact sport in which physical contact is inevitable and inherent and the parties involved voluntarily assent to the contact by participating. Under the contact sports exception participants in a contact sport are not liable for injuries caused by simple negligent conduct."

Dunn, who was represented by John H. Hustava of Collinsville, had sought in excess of $50,000 in damages and costs.

Madison County Circuit Court case number 14-L-538.

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