Escolar Documentos
Profissional Documentos
Cultura Documentos
All conditions precedent to bringing this action has occurred or has been
performed.
3.
Florida not for Profit Corporation authorized to do business in the State of Florida and whose
principle place of business is 2800 University Boulevard North, Jacksonville, Florida 32211.
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5.
Jacksonville, Duval County, Florida and was the Head Athletic Trainer for Defendant
JACKSONVILLE UNIVERSITY for the universitys sports medicine program,
JACKSONVILLE UNIVERSITY SPORTS MEDICINE.
6.
MEDICINE is and was at all times material hereto, a program with facilities organized and
existing under the Defendant JACKSONVILLE UNIVERSITY and located on Defendants
JACKSONVILLE UNIVERSITYs campus.
7.
and/or employees are known to Defendants and unknown to Plaintiff and include all
personnel who provided athletic training, athletic and medical evaluation and monitoring to
JARRIUS LINDSEY during the time periods of March 2012 and through October 2013.
FACTUAL STATEMENT
10.
Florida.
11.
Mr. Lindsey played football all four years that he attended Hardee Sr High
During his senior year in high school, Mr. Lindsey was selected to the Florida
Athletic Coaches Association All-District Football Team was a two-time State Qualifier in
Boys Weightlifting.
13.
percent of his class with a weighted grade point average of 4.25. During his high school
career, Mr. Lindsey took a rigorous course load which included Honors, Advanced Placement
and Dual-enrolment courses.
14.
Prior to graduation, Mr. Lindsey applied for and received one of the top
On or about June 20, 2011, prior to the start of the 2011 football season, Mr.
Lindsey filled out a Jacksonville University Sports Medicine Initial Health History Form, on
which he checked the box indicating that he had experienced head injuries and concussions in
the past.
18.
19.
On or about March 31, 2012, during a live football practice scrimmage, Mr.
Lindsey sustained a big blow to his head by a teammate defender while attempting to catch a
pass.
20.
Mr. Lindsey did not see the defender coming and therefore could not protect
himself from the hit. Video of the collision show Mr. Lindsey lying motionless after the hit.
21.
Because of the blow, Mr. Lindsey briefly blacked out and sustained a severe
problems, memory problems, numbness, tingling and a period or paralysis where he could
feel nothing or move.
23.
On March 31, 2012, upon information and belief, Defendant DOUG FRYE
performed a baseline concussion check list on Mr. Lindsey to establish his baseline. The
Bess & Symptom Checklist Concussion Form (Concussion Checklist) is a test developed to
provide sports athletic trainers with a brief tool for assessing the injured athletes mental
status during the acute period after a concussion.
24.
memory, concentration, and delayed recall that add to a possible total score of 144 and a
balancing score with a maximum number of errors of a score of 10.
25.
The
Concussion
Checklist
does
not
replace
more
extensive
neuropsychological evaluation.
27.
For an example, the Concussion Checklist requires five (5) different times to conduct a
baseline testing of Mr. Lindsey. Defendant DOUG FRYE only conducted 2 of the required
five (5) test; specifically he failed to conduct the 24-48 hours baseline testing, five (5) days
baseline testing and eight (8) two (2) weeks baseline testing.
dated for March 31, 2012 but fails to identify the examiner.
28.
The April 2012 Concussion Vital Signs Post-Injury reports indicate Mr.
Lindseys reaction time to the questions asked were higher indicating Mr. Lindsey was
having a difficult time responding to the questions.
30.
fogginess, Defendant DOUG FRYE does not recommend Mr. Lindsey to a neurologist or a
neuropsychologist for evaluation.
32.
After the April 26, 2012 Concussion Vital Signs Post Injury Report, no other
baseline assessment or exertional manoeuvres test was ever administered prior to clearing
Mr. Lindsey to return to full contact.
33.
The Defendant DOUG FRYE did not counsel or discuss with Mr. Lindsey or
his parents the risk of returning to play given his history of concussions.
Never prior to returning to play football in August of 2012, did the Defendant
Yet, despite this history of Mr. Lindseys concussions and reported headaches,
Defendant DOUG FRYE never attempted to elicit or detect any symptoms by using
exertional manoeuvres prior to releasing Mr. Lindsey to return to play in practices and games.
37.
Mr. Lindsey suffered another concussion and informed Defendant DOUG FRYE of his
symptoms.
39.
sports athletic trainers with a brief tool for assessing the injured athletes mental status during
the acute period after a concussion.
41.
43.
On this occasion, the SCAT2 test was the only tool utilized by Defendant
DOUG FRYE to assess the severity of the head trauma that Mr. Lindsey had suffered.
44.
Again, after the August 18, 2012 concussion, Defendant DOUG FRYE never
attempted to elicit or detect any symptoms by using exertional manoeuvres prior to releasing
Mr. Lindsey to return to play in practices and games.
46.
After the August 18, 2012 concussion, Mr. Lindsey continued to experience
Had the Defendants properly evaluated and monitored Mr. Lindsey through
The Defendant DOUG FRYE did not counsel or discuss with Mr. Lindsey or
his parents the risk of returning to play given his history of concussions.
49.
Defendant DOUG FRYE cleared Mr. Lindsey to participate in full contact practices and
games.
50.
Mr. Lindsey suffered a shoulder injury which required surgery and ended his football season.
51.
52.
depression, and difficultly concentrating in the class room which lead to a decline in his
school grades.
53.
before he recovered from the prior concussion, Mr. Lindsey was put at risk of suffering a
serious brain injury.
2013 FOOTBALL SEASON
54.
Never prior to returning to play football in August of 2013, did the Defendant
away game, Mr. Linsey had a head on collision with a defender which dazed Mr. Lindsey
and caused him to experience ringing in his ears. The collision loosened Mr. Lindseys
helmet and it therefore required the equipment manager to add air in Mr. Lindseys helmet.
Mr. Lindsey informed the equipment manager he felt dazed but he was told to return to the
game. Mr. Lindsey went back in the game and finished the game.
56.
After the game, Mr. Lindsey continued to experience headaches and had a
game, Mr. Lindsey suffered a blow to his upper back which caused his head to violently jerk
back and forth.
58.
Upon information and belief, Mr. Lindsey came to the side lines and informed
Defendant DOUG FRYE he had suffered a stinger. Defendant DOUG FRYE and Dr.
Crensaw evaluated Mr. Lindsey on the side lines. Mr. Lindsey was told nothing was wrong
with him and to get back into the game. Mr. Lindsey refused to go back in the game.
59.
On or about September 21, 2013, Mr. Lindsey shared with Defendant DOUG
FRYE his symptoms of headaches, difficulty focusing and sleeping and pain in his head, neck
and shoulder area. Mr. Lindsey also informed Defendant DOUG FRYE of the injury he
suffered back on September 7, 2013 which he described as being dazed.
61.
to orthopaedic surgeon Gregory C. Keller, M.D. for evaluation of Mr. Lindseys neck pain.
Dr. Keller stated that he was uncertain whether Mr. Lindseys pain represents cervical
pathology and recommended and agreed that Mr. Lindsey no longer participate in contact
sports.
62.
Because Mr. Lindsey was permitted to return to play before his brain had
recovered from prior concussions, Mr. Lindsey was put at risk for and suffered a severe and
permanent brain injury.
63.
Because of the Defendants negligence, Mr. Lindsey has been diagnosed with
Traumatic Brain Injury (TBI) from Concussions, Major Neurocognitive Disorder due to TBI,
Psychotic Disorder due to another medical condition (TBI) with delusions, weight gain and
insomnia.
65.
Mr. Lindsey cannot be left unsupervised and is forgetful and easily distracted.
67.
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as if set forth fully herein.
68.
JARRIUS LINDSEY to supervise, regulate, monitor and provide reasonable and appropriate
rules to minimize the risk of injury to JARRIUS LINDSEY.
69.
(b)
(c)
failure to properly and adequately obtain a baseline cognitive, posturalstability, and exertional manoeuvres test for JARRIUS LINDSEY;
(d)
(e)
(f)
(g)
failure to properly and adequately record the time of the initial injury
and conduct and document serial assessments of JARRIUS LINDSEY,
noting presence or absence of signs and symptoms of injury;
(h)
(j)
(k)
(l)
(m)
(n)
(o)
11
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
12
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
(ff)
(gg)
13
(ii)
(jj)
(kk)
(ll)
70.
As a direct, legal and proximate cause of the breach of duty of the Defendant,
LINDSEY to properly asses Mr. Lindseys condition, provide or obtain proper medical
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treatment, provide proper clearance to participate and return to play, discuss risks associated
with concussions and participation, supervise, regulate, monitor and provide reasonable and
appropriate rules to minimize the risk of injury to JARRIUS LINDSEY.
73.
(b)
(c)
failure to properly and adequately obtain a baseline cognitive, posturalstability, and exertional manoeuvres test for athletes playing sports
with high risk of concussion, such as football, including JARRIUS
LINDSEY;
(d)
(e)
(f)
(g)
failure to properly and adequately record the time of the initial injury
and conduct and document serial assessments of JARRIUS LINDSEY,
noting presence or absence of signs and symptoms of injury;
(h)
15
(i)
(j)
(k)
(i)
(j)
16
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
17
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
18
(bb)
(cc)
(dd)
(ee)
(ff)
(gg)
(hh)
(ii)
74.
As a direct, legal and proximate cause of the breach of duty of the Defendant
DOUG FRYE, Plaintiff, JARRIUS LINDSEY suffered both physical and emotional injuries,
including a traumatic brain injury.
COUNT III
NEGLIGENCE
JACKSONVILLE UNIVERSITY SPORTS MEDICINE
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75.
MEDICINE owed a duty to JARRIUS LINDSEY to supervise, regulate, monitor and provide
reasonable and appropriate rules to minimize the risk of injury to JARRIUS LINDSEY.
77.
(b)
(c)
failure to properly and adequately obtain a baseline cognitive, posturalstability, and exertional manoeuvres test for JARRIUS LINDSEY;
(d)
(e)
(f)
(g)
failure to properly and adequately record the time of the initial injury
and conduct and document serial assessments of JARRIUS LINDSEY,
noting presence or absence of signs and symptoms of injury;
20
(h)
(iii)
(j)
(k)
(l)
(m)
(n)
21
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
22
(y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
(ff)
23
(gg)
(hh)
(iv)
(jj)
(kk)
(ll)
78.
As a direct, legal and proximate cause of the breach of duty of the Defendant,
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At all times material, Defendant DOUG FRYE, was and is an agent, principal
or
employee of Defendant JACKSONVILLE UNIVERSITY., and was acting within the scope
and course of his agency, principal or employment with Defendant JACKSONVILLE
UNIVERSITY. Defendant JACKSONVILLE UNIVERSITY is vicariously liable for the
negligence of Defendant DOUG FRYE, as alleged in Count II.
COUNT V
VICARIOUS LIABILITY
JACKSONVILLE UNIVERSITY SPORTS MEDICINE
81.
At all times material, Defendant DOUG FRYE, was and is an agent, principal
or
Defendant JACKSONVILLE
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