Post by kcbazooka on Jun 20, 2012 7:50:35 GMT -6
Centralia football player sues head coach, AD
Centralia football head coach Erle Bennett and athletic director Dave Meyers are named as defendants in a personal injury lawsuit filed by a former Centralia football player.
Marcus Haley, a 2012 Centralia graduate, and his mother Doris have filed a lawsuit against the Lafayette County School District (Higginsville).
According to the CaseNet website, Bennett and Meyers are listed as defendants in the suit along with four men. Higginsville's head coach Steve Cook and AD Darrell Jeffries. Clinton High School 's head coach Chris Smoot and AD Mike McCoy.
Lafayette County School District hosts the annual Higginsville HUT-HUT Football Team Camp in early June.
The Centralia football team has been a regular participant in the camp for the last five years.
Marcus and his mother declined to speak for the record regarding the lawsuit, but sources familiar with the case said Mrs. Haley was pursuing the case so that other children would not sustain the same type of life-changing injuries as her son.
Marcus Haley's left knee was allegedly permanently damaged as a result of injuries sustained in the June 2011 Higginsville camp.
The knee damage allegedly occurred when Haley was tackling a player on the opposing team.
Reportedly one of Doris Haley's concerns was that there was inadequate medical personnel on site to evaluate player injuries.
Marcus Haley and his mother Doris are represented by attorneys Thurlow Drew Schauffler and Aaron Widel Smith with the Columbia , MO law firm THE A.W. SMITH LAW FIRM , P.C.
Bennett and Meyers declined to comment for the record regarding the case.
(Information above was obtained from the Centralia Fireside Guard article.)
Sources familiar with the case obtained some of the complaints from the petition of damages.
1. Defendants actions demostrated a clear and convincing conscious disregard for the safety of others, by the willful, wanton, and maliciousness of the acts.
2. In acting with conscious disregard for the safety of others, Defendants have no privilege, qualified immunity, or official immunity because Defendants acted in bad faith, with malice, that is tantamount to an intentional wrongdoing.
3. During the course of the football scrimmage, there were no referees or officials present to officiate or enforce the rules and penalties of the game.
4. During the course of the football scrimmage involving Plaintiff Marcus Haley of the Centralia R-VI high school football team and Clinton School District high school football team, the conduct of the players became overly aggressive and during play, Plaintiff Haley was intentionally blocked below the waist, causing him injury to his knee and causing him excruciating pain.
5. All of Plaintiff's injuries are painful, permanent and disabling.
6. As a direct and proximate result of this incident and direct and proximate result of the negligence and conscious disregard for the safety of others by Defendants, and their agents, servants, and employees, Plaintiff Marcus Haley has been permanently injured, has experienced and will experience great pain and suffering, and his ability to enjoy life has been damaged and is permanently impaired.
7. The incident involving Plaintiff Marcus Haley and his resulting injuries described below were the direct and proximate result of the negligent acts or omissions of Defendants in one, more, or all of the following particulars, to wit:
a. Defendant failed and omitted to properly supervise the football scrimmage in a manner that allows for its safe participation by invitees such as Plaintiff Marcus Haley.
b. Defendant failed and omitted to warn invitees such as Plaintiff Marcus Haley of the potential dangers and hazards of the football scrimmage.
c. Defendant failed to provide referees and officials as required by the Missouri State High School Athletic Association ("MSHSAA") for such scrimmages.
d. Defendant failed to supervise the game conditions to discover and correct the unreasonably dangerous condition of an unofficiated football scrimmage not open and obvious to invitees such as Plaintiff Marcus Haley.
e. Defendant failed to warn Plaintiff Marcus Haley of the dangerous condition of the football scrimmage which was known or in the exercise of ordinary care should have known by Defendant, but would not be expected to be observed by guests on the premises.
f. Defendant failed to warn of a dangerous condition and dangers of the football scrimmage which was known or in the exercise of ordinary care should have known by Defendant but would not be expected to be observed by invitees on the premises.
8. Defendant knew, or in the exercise of ordinary care should have known, that invitees such as Plaintiff Marcus Haley could not have known the extreme conditions of the scrimmages, including, but not limited to, the dangers of an unofficiated football scrimmage.
9. As a direct result of Defendant failures as described above, Plaintiff Marcus Haley was illegally and violently struck below the waist, suffering permanent and disabling damage to his knee.
10. As a direct result of Defendant conduct as described herein, Plaintiff Marcus Haley has suffered, and will continue to suffer in the future; damages in the form of medical expenses and costs associated thereto, loss of enjoyment of life, and pain and suffering.
11. The negligence of Defendant as aforesaid stated showed complete indifference to and conscious disregard for the safety of Plaintiff Marcus Haley, and others, and Plaintiff Marcus Haley is therefore entitled to punitive damages.
WHEREFORE, Plaintiff Marcus Haley prays for judgment against Defendant for damages that are fair and reasonable, for punitive damages in such sum as well as serve to punish Defendant, and deter them and others from like conduct, and for his costs herein incurred and for such other and further relief as otherwise provided by law.
Centralia football head coach Erle Bennett and athletic director Dave Meyers are named as defendants in a personal injury lawsuit filed by a former Centralia football player.
Marcus Haley, a 2012 Centralia graduate, and his mother Doris have filed a lawsuit against the Lafayette County School District (Higginsville).
According to the CaseNet website, Bennett and Meyers are listed as defendants in the suit along with four men. Higginsville's head coach Steve Cook and AD Darrell Jeffries. Clinton High School 's head coach Chris Smoot and AD Mike McCoy.
Lafayette County School District hosts the annual Higginsville HUT-HUT Football Team Camp in early June.
The Centralia football team has been a regular participant in the camp for the last five years.
Marcus and his mother declined to speak for the record regarding the lawsuit, but sources familiar with the case said Mrs. Haley was pursuing the case so that other children would not sustain the same type of life-changing injuries as her son.
Marcus Haley's left knee was allegedly permanently damaged as a result of injuries sustained in the June 2011 Higginsville camp.
The knee damage allegedly occurred when Haley was tackling a player on the opposing team.
Reportedly one of Doris Haley's concerns was that there was inadequate medical personnel on site to evaluate player injuries.
Marcus Haley and his mother Doris are represented by attorneys Thurlow Drew Schauffler and Aaron Widel Smith with the Columbia , MO law firm THE A.W. SMITH LAW FIRM , P.C.
Bennett and Meyers declined to comment for the record regarding the case.
(Information above was obtained from the Centralia Fireside Guard article.)
Sources familiar with the case obtained some of the complaints from the petition of damages.
1. Defendants actions demostrated a clear and convincing conscious disregard for the safety of others, by the willful, wanton, and maliciousness of the acts.
2. In acting with conscious disregard for the safety of others, Defendants have no privilege, qualified immunity, or official immunity because Defendants acted in bad faith, with malice, that is tantamount to an intentional wrongdoing.
3. During the course of the football scrimmage, there were no referees or officials present to officiate or enforce the rules and penalties of the game.
4. During the course of the football scrimmage involving Plaintiff Marcus Haley of the Centralia R-VI high school football team and Clinton School District high school football team, the conduct of the players became overly aggressive and during play, Plaintiff Haley was intentionally blocked below the waist, causing him injury to his knee and causing him excruciating pain.
5. All of Plaintiff's injuries are painful, permanent and disabling.
6. As a direct and proximate result of this incident and direct and proximate result of the negligence and conscious disregard for the safety of others by Defendants, and their agents, servants, and employees, Plaintiff Marcus Haley has been permanently injured, has experienced and will experience great pain and suffering, and his ability to enjoy life has been damaged and is permanently impaired.
7. The incident involving Plaintiff Marcus Haley and his resulting injuries described below were the direct and proximate result of the negligent acts or omissions of Defendants in one, more, or all of the following particulars, to wit:
a. Defendant failed and omitted to properly supervise the football scrimmage in a manner that allows for its safe participation by invitees such as Plaintiff Marcus Haley.
b. Defendant failed and omitted to warn invitees such as Plaintiff Marcus Haley of the potential dangers and hazards of the football scrimmage.
c. Defendant failed to provide referees and officials as required by the Missouri State High School Athletic Association ("MSHSAA") for such scrimmages.
d. Defendant failed to supervise the game conditions to discover and correct the unreasonably dangerous condition of an unofficiated football scrimmage not open and obvious to invitees such as Plaintiff Marcus Haley.
e. Defendant failed to warn Plaintiff Marcus Haley of the dangerous condition of the football scrimmage which was known or in the exercise of ordinary care should have known by Defendant, but would not be expected to be observed by guests on the premises.
f. Defendant failed to warn of a dangerous condition and dangers of the football scrimmage which was known or in the exercise of ordinary care should have known by Defendant but would not be expected to be observed by invitees on the premises.
8. Defendant knew, or in the exercise of ordinary care should have known, that invitees such as Plaintiff Marcus Haley could not have known the extreme conditions of the scrimmages, including, but not limited to, the dangers of an unofficiated football scrimmage.
9. As a direct result of Defendant failures as described above, Plaintiff Marcus Haley was illegally and violently struck below the waist, suffering permanent and disabling damage to his knee.
10. As a direct result of Defendant conduct as described herein, Plaintiff Marcus Haley has suffered, and will continue to suffer in the future; damages in the form of medical expenses and costs associated thereto, loss of enjoyment of life, and pain and suffering.
11. The negligence of Defendant as aforesaid stated showed complete indifference to and conscious disregard for the safety of Plaintiff Marcus Haley, and others, and Plaintiff Marcus Haley is therefore entitled to punitive damages.
WHEREFORE, Plaintiff Marcus Haley prays for judgment against Defendant for damages that are fair and reasonable, for punitive damages in such sum as well as serve to punish Defendant, and deter them and others from like conduct, and for his costs herein incurred and for such other and further relief as otherwise provided by law.
