A federal judge in Alabama has dismissed the claim of a former Auburn University football player, who sued a former trainer at the school for allegedly mismanaging his rehabilitation plan.
Central to U.S. District Judge Myron Thompson’s ruling, which came one week before a scheduled jury trial, was that there was no direct evidence that the trainer, Arnold Gamber, ordered plaintiff Chaz Ramsey to perform the exercises that would lead to his back injury, or that there was a “chain of command” among Auburn medical officials, which would make Gamber liable for the injuries.
Ramsey first came to Auburn in 2007 and promptly earned a starting spot on the offensive line. By season’s end, he was named to the Southeastern Conference All-Freshman Team.
Seemingly on course for a successful career at Auburn, Ramsey injured his back in December of that year. After receiving treatment, including minor surgery, in the spring of 2008, Ramsey was given clearance by his surgeon, Dr. Stanley Faulkner, to resume “a gradual supervised increase in activities that was to consist of some running and exercise without any weight room activities.”
The plaintiff alleged that multiple defendants disregarded those instructions and on June 2, 2008 he injured his back again. Further, he claimed that when the defendants were informed that he could not resume activities, they removed him from the offensive line, revoked his meal ticket, and cleaned out his locker.
Further, they allegedly held Ramsey “up for ridicule and embarrassment before his teammates and coaching staff; questioned his injury and characterized him as a malingerer who was not really injured.”
In early 2009, Ramsey had surgery that allegedly ended his “participation in a sport where he held great promise for a professional career.”
In a six-count complaint, the plaintiff alleged negligence, wantonness, interference with a physician/patient relationship, outrageous conduct, civil conspiracy, and violation of civil rights.
In the instant opinion, the court held that both Gamber and Auburn team physician Michael Goodlett stated that Gamber did not supervise strength and conditioning coach Kevin Yoxall, and that Yoxall managed the weight room independently.
“True, Gamber admitted that, if he and Yoxall differed regarding the exercises a recovering athlete should perform, Gamber’s own recommendations would control over Yoxall’s,” it held.
“But there is no evidence that the circumstances that led to Ramsey’s re-injury resulted from a disagreement between Gamber and Yoxall. Therefore, Gamber and the weight-room staff did not have the employment relationship necessary to hold Gamber liable for their conduct.”
Gamber was represented by Birmingham attorney Joe Smith in the case.
Chaz Ramsey, who is scheduled to graduate from Auburn in May, was represented by Birmingham attorney Stephen Heninger. Heninger went public with his “disappointment” over the court ruling.
“It doesn’t make sense to me because Gamber is the one who admitted he’s in charge of the rehab plan and he has to have Goodlett’s approval,” he said. “We showed that Goodlett testified that he never saw the completed plan and didn’t see it until after Chaz was hurt. That’s when he wrote the note in the chart that he was really upset with Gamber. No one could explain why the plan was lost.”
