The Brittanie Cecil lawsuit ended in a $1.2 million out-of-court settlement, approved on February 4, 2003, between her parents and the National Hockey League, the Columbus Blue Jackets, and Nationwide Arena. The 13-year-old from Ohio died on March 18, 2002, two days after a deflected puck struck her in the head at a Blue Jackets game. Her family also sued Children’s Hospital separately over her medical care, and the NHL responded to her death by requiring protective netting behind every goal in its arenas.
How Brittanie Cecil Was Killed
On March 16, 2002, the Columbus Blue Jackets were hosting the Calgary Flames at Nationwide Arena. Early in the second period, a shot by Blue Jackets forward Espen Knutsen deflected off a stick, cleared the glass, and hit Cecil in the head just above her nose. She was sitting in Section 121, Row S.1The Hockey News. Remembering Brittanie Cecil 24 Years Later
The arena had break-resistant glass roughly eight feet high around the rink but no netting above it. The back of every ticket warned that pucks could enter the seating area and cause serious injury.2ESPN. Hockey Death Raises Questions About Safety
Cecil walked away from her seat and was taken by ambulance to Children’s Hospital in downtown Columbus, where she had a seizure and was admitted. A CT scan did not detect a torn vertebral artery, the blood vessel running from her spine to the back of her brain. Franklin County Coroner Brad Lewis later concluded that her head snapping back on impact had likely torn the artery, triggering clotting and brain swelling. She died at 5:15 p.m. on March 18.3ESPN. Coroner Reveals Cause of Death
The $1.2 Million Settlement
The Cecil family brought wrongful death and survival claims against the NHL, the Blue Jackets, and Nationwide Arena, and reached a settlement without ever filing a formal lawsuit. Brittanie’s mother, Jody Sergent, serving as the estate’s administrator, filed an application to approve the deal in the Preble County Court of Common Pleas, Probate Division. Judge Wilfrid G. Dues approved it the same day, February 4, 2003.4Supreme Court of Ohio. State ex rel. WBNS TV, Inc. v. Dues, 101 Ohio St.3d 406
The total was $1.2 million, split this way:
- $705,000 to Jody Sergent (mother), representing 60 percent of the parental share.
- $470,000 to David Cecil (father), representing 40 percent.
- $538,000 in attorney fees, set at 30 percent of the settlement.
- $13,000 for funeral expenses.
Brittanie’s brother and sister were also included in the settlement.5Cleveland 19. Parents of Girl Killed by Puck Receive $1.2 Million The family was represented by Timothy S. Chappars of the Chappars Law Office in Xenia, Ohio.6FindLaw. State WBNS TV Inc v. Dues
The Fight to Unseal the Records
The settlement included a confidentiality provision, and Judge Dues sealed the financial details. Chappars said the sealing was meant to spare the family a return of the publicity that had followed Brittanie’s death.4Supreme Court of Ohio. State ex rel. WBNS TV, Inc. v. Dues, 101 Ohio St.3d 406
Columbus television station WBNS-TV moved to vacate the sealing order on February 27, 2003. When Dues denied the motion, WBNS-TV and The Dispatch Printing Company went to the Ohio Supreme Court seeking a writ of mandamus, arguing that any record a judge relies on in reaching a decision is subject to Ohio’s public records law.5Cleveland 19. Parents of Girl Killed by Puck Receive $1.2 Million
On April 14, 2004, the Ohio Supreme Court ruled 6-1 for the station and ordered the records unsealed. The court held that the settlement documents were public records under Ohio Revised Code 149.43 and that Judge Dues had no authority to “judicially create” a new exception to the open records law based on generalized privacy concerns. Justice Alice Robie Resnick dissented. The court found that Dues had acted in good faith to protect the family and denied the station’s request for attorney fees.4Supreme Court of Ohio. State ex rel. WBNS TV, Inc. v. Dues, 101 Ohio St.3d 406
Chappars called the outcome “an unfortunate case of a television station’s commercial interests prevailing over the family’s wish for privacy,” saying there had been no public outcry demanding the details.5Cleveland 19. Parents of Girl Killed by Puck Receive $1.2 Million
The Separate Suit Against Children’s Hospital
In 2003, Brittanie’s parents filed a separate lawsuit against Children’s Hospital, alleging that doctors had failed to detect the extent of her brain injuries in time to save her. A trial was reported at the time to be scheduled for early 2004 or 2005.5Cleveland 19. Parents of Girl Killed by Puck Receive $1.2 Million The final outcome of that medical malpractice case is not reflected in the available records.
The NHL Netting Rule
Cecil’s death was the first spectator fatality in NHL history caused by a puck entering the stands. Before it, only one NHL venue used protective netting: America West Arena in Phoenix, and that was because of a balcony overhang rather than a general safety measure.7ESPN. NHL Mandates Protective Netting
At a Board of Governors meeting in Toronto in June 2002, Commissioner Gary Bettman ordered every arena to install protective netting behind each goal, running from the curve of the boards up to about 18 feet above the boards. He also required the glass around the rink to be standardized at a minimum height of five feet. Bettman said the netting decision did not require a formal vote from the governors and that “there wasn’t much debate.” Both measures took effect for the 2002-03 season.7ESPN. NHL Mandates Protective Netting8Sports Business Journal. NHL Mandates Protective Netting in All Arenas Next Season Some fans complained that the nets would spoil sightlines. Bettman told them, “After three minutes people won’t know it’s there.”9Chicago Tribune. Fan’s Death Led to NHL’s Protective Netting Policy The netting requirement remains in place today.