A state court judge in Kentucky has dismissed a lawsuit filed by a former University of Louisville football player, which alleged that the university and its former football coach, Charlie Strong, reneged on a promise to honor his scholarship through graduate school.
The court concluded that the defendants were shielded by sovereign immunity, which protects the state and its employees from liability, except for certain circumstances.
The attorney for plaintiff Patrick Grant, Scott Zoppoth, said his client would appeal.
Patrick Grant filed in lawsuit in Jefferson Circuit Court on December 21, 2012 alleging specifically that the university breached its contract, and failed to act in good faith when it terminated his athletic scholarship.
Grant claimed that he was made the promise when he was asked to cover up an attack perpetrated by two of his teammates. The attack took place on October 24, 2010 at Papa John’s Cardinal Stadium when, according to police, 18-year-old twin brothers Jacob and Isaac Geffrand, who were Grant’s teammates at the time, attacked Grant over a football dispute.
According to Derwin Webb, Jacob Geffrand’s attorney, they exchanged words and the “altercation” had to do with football. “There weren’t any issues as far as females or anything like that, just some concerns about practice,” Webb told the local media.
The suit alleged that the Geffrands beat Grant so badly that “he required immediate, urgent care and nearly lost his left eye, the bones around it being fractured.
“His eye was bulging, too. His treating physician was required to probe around the eyeball without any anesthesia in order to determine the extent of Patrick’s injuries.” The plaintiff also underwent two surgeries, which included the removal of bone fragments from his face, and the insertion of facial implants to rebuild his face.
Webb agreed that it was a serious incident, but believes that it has been blown out of proportion. “To my knowledge he was not within an inch of losing his sight, but there were some injuries that were sustained and those injuries from what I understand have been corrected,” said Webb.
The Geffrand brothers were kicked off the football team and charged with first-degree assault, however, a grand jury declined to indict the brother’s on the assault charges in July.
Grant also claimed he was asked to conceal the situation surrounding his injuries immediately after the attack occurred, and on the way to the hospital the team’s trainer allegedly told Grant to “lie and cover up the fact that his injuries were at the hands of his teammates. Out of fear and desire to play, Patrick lied as instructed, telling the doctor that he was horsing around in the locker room and hit his eye on a locker door.”
Grant returned to play football later in the season but had to quit after suffering complications from a “hard hit” he took in practice, and was told by a doctor that he should no longer play football, but was allegedly promised by Strong, now the head football coach at the University of Texas, that his scholarship would be renewed.
“In apparent recognition of Patrick’s dedication to the football team and everything he suffered at the hands of his teammates and his willingness to play by the ‘rules’ set by Coach Strong and his staff,” Strong promised Grant that his 2011-2012 athletic scholarship would remain in place, according to Webb.
“That scholarship would allow Patrick to continue in school in pursuit of a graduate degree in his chosen field: criminal justice,” according to the suit.
However, that scholarship was allegedly terminated on January 4, 2012. And when Grant complained that the cancellation broke an agreement, Coach Strong, “simply ended the call and hung up the phone,” according to Grant.
