A former football player at Jacksonville University (JU) has sued the university, the Jacksonville Sports Medicine Program, and the school’s head athletic trainer for negligence associated with the multiple concussions he suffered during his career at JU.
Plaintiff Jarrius Lindsey, who is being represented by attorney Willie Gary of the Stuart, Florida-based law firm of Gary, Williams, Parenti, Watson & Gary, P.L.L.C., and attorney Charles Emanuel of The Emanuel Firm in Orlando, claims that “a series of flagrant violations, misconduct and negligence of JU and Head Athletic Trainer Doug Frye caused Lindsey to suffer long-term brain damage, including a diagnosis of Traumatic Brain Injury (TBI) from concussion, Major Neurocognitive Disorder due to TBI, memory loss, insomnia, inability to concentrate, headaches, depression and anxiety.”
Lindsey was a scholarship athlete on the JU football team from 2011 to 2013. During the spring 2012 football season, he participated in a scrimmage game, in which he sustained a concussion after a significant blow to the head by a teammate. His attorneys claimed Lindsey was lying motionless on the field following the hit, and that he blacked out. After the 2012 concussion, Lindsey returned to play and allegedly suffered three additional concussions.
His attorneys claim that Frye incorrectly administered “the concussion checklist test that was developed to assess the injured athlete’s mental status during the acute period after a concussion.” The results of the test, they claimed, indicated that Lindsey had not returned to baseline status. Furthermore, the post-injury report detailed that Lindsey was “having a difficult time responding to questions and his overall reaction time was delayed.” The lawsuit argues that “despite Lindsey’s repeated complaints of headaches, Frye never referred or recommended that Lindsey see a neurologist or a neuropsychologist for evaluation.
“Despite the history of Lindsey’s concussions, injuries and reported headaches, which were disclosed at the time he was recruited to play for JU, Frye never attempted to look further into the severity of his injuries. Frye ultimately released Lindsey to return to play in practice and games.”
The attorneys “contend that had Frye properly evaluated and monitored Lindsey through the use of proper and adequate post-concussion testing, Frye would have recognized that Lindsey had not recovered from the brain injury. Additionally, Frye did not counsel or discuss with Lindsey or his parents, the risk of returning to play given his history of concussions.
“Jacksonville University took a calculated risk by not implementing the necessary safety precautions for student-athletes,” said Gary, who was on the plaintiffs’ side in that case in 2014 when a jury awarded his clients a $23.6 billion verdict against RJ Reynolds Tobacco Company.
JU responded to the lawsuit with the following statement to First Coast News:
“It is the policy of Jacksonville University not to comment on any pending legal matters. The safety and welfare of students is of the highest importance to Jacksonville University, both for our student-athletes and for our general population. We take very seriously all issues related to the health, safety and well-being of our athletes, both on and off the field. Our outstanding professional personnel are highly skilled with many hours of preparatory training to ensure that safety is the No. 1 priority. They maintain a student-centered focus on safety at all times, in all aspects of their duties and responsibilities.”
