Filing # E-Filed 05/17/ :58:08 AM

Transcription

1 Filing # E-Filed 05/17/ :58:08 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA KENDALLE HOLLEY by and through her parents and next friends, DAVID HOLLEY and AIMEE HOLLEY, CASE NO: 2016-CA Plaintiff, v. SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, FLORIDA HIGH SCHOOL ATHLETIC ASSOCIATON, INC., and LEIGHTON YENOR, Defendants. / follows: SECOND AMENDED COMPLAINT The Plaintiffs, by and through their undersigned attorney, sue the Defendants and state as PARTIES, JURISDICTION, AND VENUE 1) This is an action for damages that exceeds Fifteen Thousand Dollars ($15,000.00), exclusive of interest, costs, and attorney s fees. 2) At all times material to this action, the Plaintiffs were natural persons residing in Orange County, Florida. 3) At all times material to this action, Defendant, School Board of Orange County, Florida, is a Governmental Entity authorized to and doing business in Orange County, Florida. 4) At all times material to this action, Defendant, Florida High School Athletic Association, Inc. is authorized to and doing business in Orange County, Florida.

2 5) Defendant Leighton Yenor is a resident of Orange County, Florida and subject to the jurisdiction of this County and State. 6) At all times material to this action the Defendants School Board of Orange County, Florida and Florida High School Athletic Association organized and supervised competitive High School Athletic events in Orange County. 7) At all times material hereto, Plaintiff, Kendalle Holley, was participating in an Orange County sponsored, organized and supervised athletic event. 8) At all times material hereto, Defendant, Leighton Yenor, was participating in an Orange County sponsored, organized and supervised athletic event. FACTS 9) On or about February 25, 2015 Plaintiff Kendalle Holley and Defendant Leighton Yenor were students at high schools in Orange County and were participating in a Lacrosse match at East River High School in Orange County, Florida. 10) East River High School is a public high school under the control and operation of Defendant, School Board of Orange County, Florida. 11) Defendant, The Florida High School Athletic Association (hereinafter FHSAA) trains, provides and supervises referees for such events and specifically provided referees for this event. 12) Defendant, School Board of Orange County, Florida trains, supervises, and provides medical trainers for county high school athletic events and provided a trainer for the event at issue in this case. 13) During the Lacrosse match on February 25, 2015 Defendant Leighton Yenor hit Plaintiff Kendalle Holley in the head with her lacrosse stick.

3 14) Kendalle Holley suffered a traumatic brain injury from the blow. 15) None of the referees, coaches or trainers present performed any evaluation of Kendalle Holley to determine if she had suffered injury including concussion. 16) Due to a lack of supervision, Kendalle Holley continued to play which caused a severe exacerbation of her injury. COUNT I- VICARIOUS LIABILITY OF DEFENDANT SCHOOL BOARD OF ORANGE COUNTY, FLORIDA FOR THE NEGLIGENCE OF COACHES, REFERREES, AND TRAINERS 17) The minor Plaintiff incorporates paragraphs 1-16 of this Complaint as if fully set 18) Defendant, School Board of Orange County, Florida had a duty to properly train and supervise its staff (both employed and contracted) in the proper identification and treatment of concussions. 19) When Kendalle Holley was injured, none of the trainers, coaches or referees assessed Kendalle Holley to determine if she had a concussion. 20) When Kendalle Holley was injured, none of the trainers, coaches or referees rendered any medical treatment or aid to Kendalle Holley. 21) As a direct and proximate cause of the acts described above, the minor Plaintiff has not only suffered the injuries described herein, but resulting pain and suffering, physical medical treatment, loss of enjoyment of life, and permanent scarring/disfigurement. The minor Plaintiff s losses are permanent and continuing and she will suffer losses in the future

4 WHEREFORE, the minor Plaintiff prays: COUNT II- NEGLIGENT HIRING, RETENTION AND SUPERVISION BY DEFENDANT SCHOOL BOARD OF ORANGE COUNTY, FLORIDA 22) The minor Plaintiff incorporates paragraphs 1-16 of this Complaint as if fully set 23) At all times material, the coaches, referees and trainers were under the direction, supervision, and control of the Defendant, School Board of Orange County, Florida either directly or through its agents. 24) At all times material, the Defendant School Board of Orange County, Florida, either directly or through its agents, negligently hired, retained and/or supervised the coaches, trainers and referees when the Defendant knew or should have known that a failure to appropriately evaluate, assess and intervene in the event of a traumatic brain injury could result in injury or even death. 25) Despite this knowledge, the Defendant failed to exercise reasonable care in hiring, retaining, and/or supervising the coaches, trainers and referees in attendance at the above listed event. 26) As a direct and proximate cause of the acts described above, the minor Plaintiff has not only suffered the injuries described herein, but resulting pain and suffering, physical

5 medical treatment, loss of enjoyment of life, and permanent scarring/disfigurement. The minor Plaintiff s losses are permanent and continuing and she will suffer losses in the future. WHEREFORE, the minor Plaintiff prays: COUNT III - NEGLIGENT TRAINING BY DEFENDANT SCHOOL BOARD OF ORANGE COUNTY, FLORIDA 27) The minor Plaintiff incorporates paragraphs 1-16 of this Complaint as if fully set 28) At all times material, trainers, coaches and referees were, either directly or through its agents, under the direction, supervision, and control of the Defendant, School Board of Orange County, Florida. 29) The Defendant, School Board of Orange County, Florida either directly or through its agents, negligently trained its trainers, coaches and referees when the Defendant knew or should have known that its failure to properly train her could pose a threat of harm to its enrolled children. 30) Despite this knowledge, the Defendant, School Board of Orange County, Florida either directly or through its agent, failed to exercise reasonable care in training the coaches, referees and trainers in the proper identification, assessment and treatment protocol related to concussions and traumatic brain injuries. 31) As a direct and proximate cause of the acts described above, the minor Plaintiff has not only suffered the injuries described herein, but resulting pain and suffering,

6 physical inconvenience and discomfort, loss of time, mental anguish, expenses incurred due to the medical treatment, loss of enjoyment of life, and permanent scarring/disfigurement. The minor Plaintiff s losses are permanent and continuing and she will suffer losses in the future. WHEREFORE, the minor Plaintiff prays: COUNT IV VICARIOUS LIABILITY OF DEFENDANT FLORIDA HIGH SCHOOL ATHLETIC ASSOCIATION FOR THE NEGLIGENCE OF REFEREES 32) The minor Plaintiff incorporates paragraphs 1-16 of this Complaint as if fully set 33) Defendant, FHSAA had a duty to property train and supervise its staff (both employed and contracted) in the proper identification and treatment of concussions. 34) When Kendalle Holley was injured, none of the referees assessed Kendalle Holley to determine if she had a concussion. 35) When Kendalle Holley was injured, none of the referees rendered or called for any medical treatment or aid to Kendalle Holley. 36) As a direct and proximate cause of the acts described above, the minor Plaintiff has not only suffered the injuries described herein, but resulting pain and suffering, physical medical treatment, loss of enjoyment of life, and permanent scarring/disfigurement. The minor Plaintiff s losses are permanent and continuing and she will suffer losses in the future.

7 WHEREFORE, the minor Plaintiff prays: COUNT V- NEGLIGENT HIRING, RETENTION AND SUPERVISION BY DEFENDANT FHSAA 37) The minor Plaintiff incorporates paragraphs 1-16 of this Complaint as if fully set 38) At all times material, the referees were under the direction, supervision, and control of the Defendant, FHSAA either directly or through its agents. 39) At all times material, the Defendant FHSAA, either directly or through its agents, negligently hired, retained and/or supervised the referees when the Defendant knew or should have known that a failure to appropriately evaluate, assess and intervene in the event of a traumatic brain injury could result in injury or even death. 40) Despite this knowledge, the Defendant failed to exercise reasonable care in hiring, retaining, and/or supervising the coaches, trainers and referees in attendance at the above listed event. 41) As a direct and proximate cause of the acts described above, the minor Plaintiff has not only suffered the injuries described herein, but resulting pain and suffering, physical medical treatment, loss of enjoyment of life, and permanent scarring/disfigurement. The minor Plaintiff s losses are permanent and continuing and she will suffer losses in the future.

8 WHEREFORE, the minor Plaintiff prays: COUNT VI - NEGLIGENT TRAINING BY DEFENDANT, FHSAA 42) The minor Plaintiff incorporates paragraphs 1-16 of this Complaint as if fully set 43) At all times material, the referees were, either directly or through its agents, under the direction, supervision, and control of the Defendant, FHSAA. 44) The Defendant, FHSAA either directly or through its agents, negligently trained referees when the Defendant knew or should have known that its failure to properly train her could pose a threat of harm to its enrolled children. 45) Despite this knowledge, the Defendant, FHSAA either directly or through its agent, failed to exercise reasonable care in training the referees in the proper identification, assessment and treatment protocol related to concussions and traumatic brain injuries. 46) As a direct and proximate cause of the acts described above, the minor Plaintiff has not only suffered the injuries described herein, but resulting pain and suffering, physical medical treatment, loss of enjoyment of life, and permanent scarring/disfigurement. The minor Plaintiff s losses are permanent and continuing and she will suffer losses in the future.

9 WHEREFORE, the minor Plaintiff prays: COUNT VII - NEGLIGENCE OF LEIGHTON YENOR 47) The minor Plaintiff incorporates paragraphs 1-16 of this Complaint as if fully set 48) The rules in women s high school lacrosse provide for a halo around the cranium designed to prevent head injuries. 49) Defendant, Leighton Yenor, negligently hit Plaintiff, Kendalle Holley in the head with her lacrosse stick. 50) As a direct and proximate cause of the acts described above, the minor Plaintiff has not only suffered the injuries described herein, but resulting pain and suffering, physical medical treatment, loss of enjoyment of life, and permanent scarring/disfigurement. The minor Plaintiff s losses are permanent and continuing and she will suffer losses in the future. WHEREFORE, the minor Plaintiff prays:

10 DEMAND FOR JURY TRIAL The Plaintiff demand a jury trial on all issues so triable of each and every one of the Counts set forth above. RESPECTFULLY submitted this 17 th day of May, 2016 /s/ KAREN R. WASSON Karen R. Wasson Esquire Florida Bar No.: Dan Newlin & Partners 7335 W. Sand Lake Road, Suite 300 Orlando, FL Direct: Attorneys for Plaintiff karen.wasson@newlinlaw.com adamaris.morales@newlinlaw.com