Amended Complaint (Filed) Jarrius Lindsey

8/18/2019 Amended Complaint (Filed) Jarrius Lindsey

1/27

1

IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUITIN AND FOR DUVAL COUNTY, FLORIDA

Case No.: 16-2016-CA-002303-XXXX-MADiv.:

JARRIUS LINDSEY,

Plaintiff,

v.

JACKSONVILLE UNIVESITY, a Florida Non-Profit Corporation and JACKSONVILLEUNIVERSITY SPORTS MEDICINE, a programwith facility organized and existing under Jacksonville

University and DOUG FRYE, individually, and as theHead Certified Athletic Trainer for JacksonvilleUniversity Football.

Defendants. _____________________________________________/

AMENDED COMPLAINT

The Plaintiff, JARRIUS LINDSEY, through their undersigned attorney, sues the

Defendants, JACKSONVILLE UNIVESITY, JACKSONVILLE UNIVERSITY SPORTS

MEDICINE and DOUG FRYE and in support thereof alleges as follows:

JURISDICTION AND PARTIES

1. This is an action for damages over Fifteen Thousand Dollars ($15,000.00),

exclusive of interest and costs, and it is otherwise in jurisdiction of the Court.

2. All conditions precedent to bringing this action has occurred or has been

performed.

3. At all times relevant hereto, Plaintiff JARRIUS LINDSEY, is an individual

residing in Bowling Green, Hardee County, Florida.

4. At all times relevant hereto, Defendant, JACKSONVILLE UNIVERSITY, is a

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.

Filing # 39760993 E-Filed 04/04/2016 04:30:37 PM


2/27

2

5. At all times relevant hereto, DOUG FRYE is an individual residing in

Jacksonville, Duval County, Florida and was the Head Athletic Trainer for Defendant

JACKSONVILLE UNIVERSITY for the university’s sports medicine program,

JACKSONVILLE UNIVERSITY SPORTS MEDICINE.

6. At all times relevant hereto, JACKSONVILLE UNIVERSITY SPORTS

MEDICINE is and was at all times material hereto, a program with facilities organized and

existing under the Defendant JACKSONVILLE UNIVERSITY and located on Defendant’s

JACKSONVILLE UNIVERSITY’s campus.

7. Upon information and belief, at all times relevant hereto, Defendant

JACKSONVILLE UNIVERISTY was acting by and through authorized actual or ostensible

agents, servants, and/or employees, including Defendant DOUG FRYE, who was acting

within in the scope of his employment with the Defendant JACKSONVILLE UNIVERSITY.

8. Upon information and belief, at all times relevant hereto, Defendant

JACKSONVILLE UNIVERSITY SPORTS MEDICINE was acting by and through

authorized actual or ostensible agents, servants, and/or employees, including Defendant

DOUG FRYE, who was acting within in the scope of his employment or agency relationship

with the Defendant JACKSONVILLE UNIVERSITY SPORTS MEDICINE.

9. The names of some of these authorized actual or ostensible agents, servants,

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. Jarrius Lindsey started playing football at the age of 7 in Bowling Green,

Florida.


3/27

3

11. Mr. Lindsey played football all four years that he attended Hardee Sr High

School in Wauchula, Florida.

12. 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. Mr. Lindsey was a scholar-athlete at Hardee Sr High graduating in the top 10

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

scholarships offered to Hardee Sr students, with a scholarship to attend school at the

Defendant JACKSONVILLE UNIVERSITY.

15. Mr. Lindsey was recruited by Defendant JACKSONVILLE UNIVERSITY

and received (athletic grants) to play football for the university.

16. Mr. Lindsey entered Defendant JACKSONVILLE UNIVERSITY as a

freshman in the 2011-2012 school year.

17. 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. Mr Lindsey played his freshman college football season without a concussion.

2012 SPRING FOOTBALL

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.


4/27

4

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

concussion. Mr. Lindsey had to be assisted off of the field.

22. Mr. Lindsey experienced a headache, nausea, dizziness, drowsiness, visual

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 athlete’s mental

status during the acute period after a concussion.

24. The Concussion Checklist includes measures of orientation, immediate

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, however, is only one of a battery of test a

concussive athlete should undergo for a complete and thorough evaluation.

26. The Concussion Checklist does not replace a more extensive

neuropsychological evaluation.

27. Defendant DOUG FRYE incorrectly administered the Concussion Checklist.

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. Furthermore the form is

dated for March 31, 2012 but fails to identify the examiner.


5/27

5

28. On April 13th and 26th of 2012, Defendant DOUG FRYE and/or a

JACKSONVILLE UNVERSITY athletic trainer and/or employee administered a Concussion

Vital Signs Post-Injury test on Mr. Lindsey which both test results indicated Mr. Lindsey had

not returned to baseline status.

29. The April 2012 Concussion Vital Signs Post-Injury reports indicate Mr.

Lindsey’s reaction time to the questions asked were higher indicating Mr. Lindsey was

having a difficult time responding to the questions.

30. On or about April 26, 2012, Defendant DOUG FRYE, and Defendant

JACKSONVILLE UNVERSITY referred Mr. Lindsey to orthopaedic and team physician

Joseph Czerkawaski, M.D. for an evaluation of Mr. Lindsey due to Mr. Lindsey’s continued

complaints of numbness and pain down his right side of his body and right upper weakness.

During that visit Dr. Czerkawaski ordered a MRI of Mr. Lindsey’s spine for evaluation of

spinal cord contusion with residual upper extremity weakness. Dr. Czerhawaskis notes Mr.

Lindsey’s symptoms of headaches and fogginess had improved but not resolved.

31. Despite Mr. Lindsey’s continued complaints of weakness, headaches and

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.


6/27

6

2012 FALL FOOTBALL SEASON

34. Never prior to returning to play football in August of 2012, did the Defendant

DOUG FRYE and/or Defendant JACKSONVILLE UNIVERSITY, perform another

concussion test or return to play evaluation of Mr. Lindsey.

35. A proper post-concussion evaluation must include additional testing, including

assessment of symptoms during exertional aerobic activity.

36. Yet, despite this history of Mr. Lindsey’s 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. Had Defendant DOUG FRYE and others from Defendant JACKSONVILLE

UNIVERSITY and JACKSONVILLE UNIVERSITY SPORTS MEDICINCE, evaluated and

monitored Mr. Lindsey through use of proper, adequate and objective post-concussion

testing, they would have recognized that Mr. Lindsey had not recovered from the prior brain

injury, and prevented him from returning to play.

38. On or about August 18, 2012, during a university scheduled football practice,

Mr. Lindsey suffered another concussion and informed Defendant DOUG FRYE of his

symptoms.

39. On or about August 18, 2012, the Defendant DOUG FRYE administered a

Standard Assessment of Concussion (“SCAT2”).

40. Similar to the Concussion Checklist, the SCAT2 is a test developed to provide

sports athletic trainers with a brief tool for assessing the injured athlete’s mental status during

the acute period after a concussion.

41. The SCAT2, however, is only one of a battery of test a concussive athlete

should undergo for a complete and thorough evaluation.

42. The SCAT2 does not replace a more extensive neuropsychological evaluation.


7/27

7

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. Despite Mr. Lindsey’s history of concussions, Defendant DOUG FRYE did

not refer or recommend Mr. Lindsey be evaluated by a neuropsychologist or any other

neurologist to evaluate his head injuries.

45. 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

headaches and made Defendant DOUG FRYE aware of his symptoms.

47. Had the Defendants properly evaluated and monitored Mr. Lindsey through

using proper, adequate, and objective post-concussion testing, including exertional

manoeuvres, they would have recognized that he had not recovered from the prior brain

injury, and prevented him from returning to play.

48. 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. Despite Mr. Linsey’s history of concussions and headache complaints,

Defendant DOUG FRYE cleared Mr. Lindsey to participate in full contact practices and

games.

50. On or about September 15, 2012, in an official university home football game,

Mr. Lindsey suffered a shoulder injury which required surgery and ended his football season.

51. On or about October 2012, Mr. Lindsey underwent surgery on his right

shoulder and was out of football until fall of 2013.


8/27

8

52. After October of 2012, Mr. Lindsey continued to experience headaches,

depression, and difficultly concentrating in the class room which lead to a decline in his

school grades.

53. Because Defendant DOUG FRYE permitted Mr. Lindsey to return to play

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

DOUG FRYE and/or Defendant JACKSONVILLE UNIVERSITY, perform another

concussion test or an exertional manoeuvres test or return to play evaluation of Mr. Lindsey.

55. On or about September 7, 2013, while participating in an official university

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. Lindsey’s

helmet and it therefore required the equipment manager to add air in Mr. Lindsey’s 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

hard time focusing in class, difficulty sleeping and a loss of appetite.

57. On and about September 14, 2013, in an official university home football

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.


9/27

9

59. Mr. Lindsey continued to experience headaches, hard time focusing in class,

difficulty sleeping and pain in head, neck and shoulder area.

60. 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. On or about October 2, 2013, Defendant DOUG FRYE referred Mr. Lindsey

to orthopaedic surgeon Gregory C. Keller, M.D. for evaluation of Mr. Lindsey’s neck pain.

Dr. Keller stated that he was uncertain whether Mr. Lindsey’s 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. As a result, Mr. Lindsey continues to suffer from headaches, depression,

anxiety, suspiciousness, insomnia, memory problems, and inability to concentrate.

64. 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.

He has difficulty sleeping and has a delayed response time.

66. Mr. Lindsey’s injuries are severe and permanent.

COUNT I

NEGLIGENCEJACKSONVILLE UNIVERSITY


10/27

10

67. Plaintiff incorporate by reference the allegations of the paragraphs 1 through

66

as if set forth fully herein.

68. At all times relevant, JACKSONVILLE UNIVERSITY 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.

69. JACKSONVILLE UNIVERSITY breached its duty to JARRIUS LINDSEY

by one or more of the following:

(a) failure to properly and adequately evaluate JARRIUS LINDSEY for

concussions;

(b) failure to properly and adequately evaluate and monitor JARRIUS

LINDSEY after his March 21, 2012, August 18, 2012, September 7,

2013 and September 14, 2013 concussions;

(c) failure to properly and adequately obtain a baseline cognitive, postural-

stability, and exertional manoeuvres test for JARRIUS LINDSEY;

(d) failure to properly and adequately obtain and document JARRIUS

LINDSEY baseline test scoring:

(e) failure to properly and adequately administer a concussion injury

assessment;

(f) failure to properly and adequately reassess JARRIUS LINDSEY prior

to releasing him to participate in full contact practices and games;

(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) failure to employ and/or retain competent and adequately trained


11/27

11

personnel able to provide adequate and effective medical care

treatment, training, management, and/or oversight to JARRIUS

LINDSEY on the playing field;

(i) failure to ensure personnel maintained adequate knowledge, skills and

competence levels to provide proper, adequate, and effective medical

care, treatment, training, management, and/or oversight to JARRIUS


(j) failure to adequately oversee personnel in the execution of their duties

to assure that JARRIUS LINDSEY received adequate, proper, and safe

medical care, treatment, training, management, and/or oversight on the

playing field;

(k) failure to have in place and/or enforce adequate policies and

procedures regarding medical care, treatment, training, management,

and/or oversight of student-athlete’s post-concussion such as

JARRIUS LINDSEY;

(l) failure to actively educate athletes, coaches, athletic trainers, and

medical personnel about the signs and symptoms associated with

concussions, as well as the serious risk of playing football while still

symptomatic;

(m) failure to warn JARRIUS LINDSEY about the serious risks of playing

football while still symptomatic after suffering a previous concussion;

(n) failure to have in place and/or enforce adequate policies and

procedures regarding the management of all sport-related concussions

before the start of the athletic season;

(o) failure to recognize the limitations of the SAC test;


12/27

12

(p) failure to administer proper, adequate, and objective post-concussion

testing besides the SAC test;

(q) failure to properly train personnel on proper administration of the SAC

test;

(r) failure to employ and/or retain competent and adequately trained

personnel able to provide proper, adequate, effective and standardized

SAC treatment to students and a student-athletes including JARRIUS

LINDSEY;

(s) failure to personnel maintained adequate knowledge, skills and

competence levels to provide proper, adequate, effective and

standardized SAC treatment to students and student-athletes, including

JARRIUS LINDSEY;

(t) failure to conduct proper and adequate post-concussion testing and

evaluation, including testing for symptoms on exertion and after

practice and games;

(u) failure to have in place and/or enforce adequate policies and

procedures regarding proper, effective, and adequate testing and/or

evaluation to ascertain the health and ensure the safety of all students

and student-athletes, including JARRIUS LINDSEY;

(v) failure to refer to a qualified medical doctors, such as a neurologist, for

post-concussion evaluation;

(w) failure to have in place and/or enforce adequate policies and

procedures for proper and adequate testing, evaluation, and clearance

of student-athletes post-injury to returning to play, including JARRIUS

LINDSEY;


13/27

13

(x) failure to have in place and/or enforce adequate policies and

procedures regarding all return-to-play decisions;

(y) negligently making a return-to-play decision with regard to JARRIUS

LINDSEY status post-concussion;

(z) failure to have in place and/or enforce adequate policies and

procedures for athletes playing sports with a high risk of concussions,

including football players such as JARRIUS LINDSEY;

(aa) failure to properly determine the severity and classify the concussion

of an injured athlete, such as JARRIUS LINDSEY;

(bb) failure to properly and adequately perform a thorough clinical

evaluation of JARRIUS LINDSEY, prior to making a return-to-play

decision;

(cc) failure to properly and adequately perform thorough clinical, formal

cognitive, and postural-stability testing required to objectively

determine in the injury severity of JARRIUS LINDSEY and his

readiness to return to play;

(dd) utilizing only one test to determine recovery or return to play;

(ee) failure to perform or obtain a proper post-concussion evaluation by a

qualified physician on JARRIUS LINDSEY;

(ff) failure to refer JARRIUS LINDSEY for a proper concussion

evaluation by a qualified physician prior to making a return-to-play

decision;

(gg) failure to properly and adequately make a return-to-play decision only

after an incremental increase in activity with an initial cardiovascular


14/27

14

challenge, flowed by sport-specific activities that did not place

JARRIUS LINDSEY at risk for concussion;

(hh) failure to prevent JARRIUS LINDSEY from returning to play for an

adequate period of time to allow him to recover status post-concussion;

(ii) failure to recognize the risk of premature return to play status post

concussion;

(jj) failure to warn JARRIUS LINDSEY of the risks of premature return to

play status post-concussion;

(kk) permitting DOUG FRYE to engage in the practice of medicine beyond

the qualifications of an athletic trainer by conducting the sole return-to-

play evaluation of JARRIUS LINDSEY, without involving a medical

doctor, and;

(ll) failure to have or enforce policies or procedures prohibiting return-to

play determinations based solely on the evaluation of a Defendant

DOUG FRYE.

70. As a direct, legal and proximate cause of the breach of duty of the Defendant,

JACKSONVILLE UNIVERSITY, and their servants, employees, and/or ostensible agents,

Plaintiff, JARRIUS LINDSEY suffered both physical and emotional injuries, including a

traumatic brain injury.

COUNT II

NEGLIGENCE

DOUG FRYE


66 as if set forth fully herein.

72. At all times relevant, Defendant DOUG FRYE owed a duty to JARRIUS

LINDSEY to properly asses Mr. Lindsey’s condition, provide or obtain proper medical


15/27

15

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. Defendant DOUG FRYE breached its duty to JARRIUS LINDSEY by one or

more of the following:


concussions;


LINDSEY after March 31, 2012, August 18, 2012, September 7, 2013

and September 14, 2013 concussions;


stability, and exertional manoeuvres test for athletes playing sports

with high risk of concussion, such as football, including JARRIUS

LINDSEY;




assessment;






(h) failure to warn JARRIUS LINDSEY about the serious risks of playing



16/27

16

(i) failure to properly and adequately monitor JARRIUS LINDSEY

following each concussion for the presence to delayed signs and

symptoms and to assess recovery;

(j) failure to properly document all pertinent information surrounding

JARRIUS LINDSEY’s concussive injuries, including, but not limited

to: (1) mechanism of injury; (2) initial signs and symptoms; (3) state of

consciousness; (4) findings on serial testing of symptoms and

neuropsychological function and postural-stability tests (noting any

deficits compared with baseline); (5) instructions given to JARRIUS

LINDSEY and/or his parents; (6) recommendations provided by the

physician; (7) date and time of JARRIUS LINDSEY’s return to

participation; and (8) relevant information on JARRIUS LINDSEY’s

history of prior concussion and associated recovery pattern(s);

(k) failure to or retain competent and adequately trained




(i) failure to ensure personnel maintained adequate knowledge, skills and







playing field;


17/27

17




JARRIUS LINDSEY;




symptomatic;

(m) failure to have in place and/or enforce adequate policies and



(n) failure to recognize the limitations of the SCAT test;

(o) failure to administer proper, adequate, and objective post-concussion

testing besides the SCAT test;

(p) failure to properly train personnel on proper administration of the

SCAT test;

(q) failure to employ and/or retain competent and adequately trained


SCAT treatment to students and student-athletes including JARRIUS

LINDSEY;

(r) failure to personnel maintained adequate knowledge, skills and


standardized SCAT treatment to students and student-athletes,

including JARRIUS LINDSEY;


18/27

18

(s) failure to conduct proper and adequate post-concussion testing and


practice and games;

(t) failure to have in place and/or enforce adequate policies and




(u) failure to refer to a qualified medical doctors, such as a neurologist, for


(v) failure to have in place and/or enforce adequate policies and



LINDSEY;



(x) negligently making a return-to-play decision with regard to JARRIUS


(y) failure to have in place and/or enforce adequate policies and



(z) failure to properly determine the severity and classify the concussion


(aa) failure to properly and adequately perform a thorough clinical


decision;


19/27

19

(bb) failure to properly and adequately perform thorough clinical, formal




(cc) utilizing only one test to determine recovery or return to play;

(dd) failure to perform or obtain a proper post-concussion evaluation by a


(ee) failure to refer JARRIUS LINDSEY for a proper concussion


decision;

(ff) failure to properly and adequately make a return-to-play decision only




(gg) failure to prevent JARRIUS LINDSEY from returning to play for an


(hh) failure to recognize the risk of premature return to play status post

concussion;

(ii) failure to warn JARRIUS LINDSEY of the risks of premature return to

play status post-concussion and;

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


20/27

20


66


76. At all times relevant, Defendant JACKSONVILLE UNIVERSITY SPORTS

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. Defendant JACKSONVILLE UNIVERSITY SPORTS MEDICINE breached

its

duty to JARRIUS LINDSEY by one or more of the following:


concussions;


LINDSEY after his March 21, 2012, August 18, 2012, September 7,

2013 and September 14, 2013 concussions;


stability, and exertional manoeuvres test for JARRIUS LINDSEY;




assessment;







21/27

21

(h) failure to employ and/or retain competent and adequately trained




(iii) failure to ensure personnel maintained adequate knowledge, skills and







playing field;




JARRIUS LINDSEY;




symptomatic;

(m) failure to warn JARRIUS LINDSEY about the serious risks of playing


(n) failure to have in place and/or enforce adequate policies and




22/27

22

(o) failure to recognize the limitations of the SCAT test;

(p) failure to administer proper, adequate, and objective post-concussion

testing besides the SCAT test;

(q) failure to properly train personnel on proper administration of the

SCAT test;

(r) failure to employ and/or retain competent and adequately trained


SCAT treatment to students and student-athletes including JARRIUS

LINDSEY;

(s) failure to personnel maintained adequate knowledge, skills and


standardized SCAT treatment to students and student-athletes,

including JARRIUS LINDSEY;

(t) failure to conduct proper and adequate post-concussion testing and


practice and games;

(u) failure to have in place and/or enforce adequate policies and




(v) failure to refer to a qualified medical doctors, such as a neurologist, for





23/27

23


LINDSEY;

(x) failure to have in place and/or enforce adequate policies and


(y) negligently making a return-to-play decision with regard to JARRIUS


(z) failure to have in place and/or enforce adequate policies and



(aa) failure to properly determine the severity and classify the concussion


(bb) failure to properly and adequately perform a thorough clinical


decision;

(cc) failure to properly and adequately perform thorough clinical, formal




(dd) utilizing only one test to determine recovery or return to play;

(ee) failure to perform or obtain a proper post-concussion evaluation by a


(ff) failure to refer JARRIUS LINDSEY for a proper concussion


decision;


24/27

24

(gg) failure to properly and adequately make a return-to-play decision only




(hh) failure to prevent JARRIUS LINDSEY from returning to play for an


(iv) failure to recognize the risk of premature return to play status post

concussion;

(jj) failure to warn JARRIUS LINDSEY of the risks of premature return to

play status post-concussion;

(kk) permitting DOUG FRYE to engage in the practice of medicine beyond

the qualifications of an athletic trainer by conducting the sole return-to-

play evaluation of JARRIUS LINDSEY, without involving a medical

doctor, and;

(ll) failure to have or enforce policies or procedures prohibiting return-to

play determinations based solely on the evaluation of a Defendant

DOUG FRYE.

78. As a direct, legal and proximate cause of the breach of duty of the Defendant,

Defendant JACKSONVILLE UNIVERSITY SPORTS MEDICINE, and their servants,

employees, and/or ostensible agents, Plaintiff, JARRIUS LINDSEY suffered both physical

and emotional injuries, including a traumatic brain injury.

COUNT IV

VICARIOUS LIABILITY

JACKSONVILLE UNVERISTY


66


25/27

25


80. 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


66


82. At all times material, Defendant DOUG FRYE, was and is an agent, principal

or

employee of Defendant JACKSONVILLE UNIVERSITY SPORTS MEDICINE, and was

acting within the scope and course of his agency, principal or employment with Defendant

JACKSONVILLE UNIVERSITY SPORTS MEDICINE. Defendant JACKSONVILLE

UNIVERSITY SPORTS MEDICINE is vicariously liable for the negligence of Defendant

DOUG FRYE, as alleged in Count II.

CLAIMS OF JARRIUS LINDSEY

83. Plaintiff incorporate by reference the allegations of the paragraphs 1

through 66 as if set forth fully herein.

84. As a direct and proximate result of the negligence of the Defendants


26/27

26

JACKSONVILLE UNIVERSITY, JACKSONVILLE UNIVERSITY SPORTS MEDICINE

and DOUG FRYE, Plaintiff JARRIUS LINDSEY suffered bodily injury, brain damage and

resulting pain and suffering, impairment, disability, mental anguish, expense of

hospitalization, medical treatment, rehabilitation, loss of capacity for the enjoyment of life,

past and future lost wages and loss of earning capacity, and the expense of medical treatment

both past and future. These injuries, losses and damages are substantial and permanent

within a reasonable degree of medical therapeutic, rehabilitative and economic probability.

These losses are permanent and the Plaintiff will suffer from these losses in the future.

Plaintiff demands judgement against the Defendants for all damages recoverable under

Florida law plus costs, interest, and attorney’s fees if allowable by law.

WHEREFORE, Plaintiff JARRIUS LINDSEY demand judgement against the

Defendants, JACKSONVILLE UNIVERSITY, JACKSONVILLE UNIVERSITY SPORTS

MEDICINE and DOUG FRYE and demands a trial by jury

Dated April 1, 2016.

/s/ Charles Emanuel________

Charles E. Emanuel, Jr., Esq.

Fla. Bar No:. 0913391THE EMANUEL FIRM, P.A.

545 Delaney Avenue Building #9Orlando, FL 32801(407) 412-7376- Office(407) 809-5706- FaxPrimary: [email protected]

Secondary: [email protected] Secondary: [email protected] Attorneys for Plaintiff, Jarrius Lindsey

And

Willie E. Gary, Esquire

Florida Bar No.: 187843GARY, WILLIAMS, WATSON,

PARENTI & GARY, P.L.

221 E. Osceola Street

Stuart, Florida 34994(772) 283-8260- Office

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


27/27

(772) 463-4319- FaxPrimary: [email protected] Secondary: [email protected]

Attorneys for Plaintiff, Jarrius Lindsey
mailto:[email protected]:[email protected]

Amended Complaint (Filed) Jarrius Lindsey

Documents

Transcript of Amended Complaint (Filed) Jarrius Lindsey