Golden Standard of Negligence

On September 1st, a civil case was filed against the University of Notre Dame by former football player Douglas Randolph. The suit names the University, ABC Hospital, ABC Health Services, Notre Dame head football coach Brian Kelly, head football athletic trainer Rob Hunt, and various other doctors as defendants.

Within the suit, Randolph alleges that he was injured during practice and brought it to the attention of Mr. Hunt. He was told to return to practice minutes later and continued to feel pain after every hit he absorbed. Afterward, Randolph obtained an MRI and was instructed that he could continue to play.

The lawsuit states, “If he had been told the truth about the results of this MRI scan, his football career would have ended on that date and all subsequent injuries and permanent damage he has endured would have never occurred.”

The suit also states that Randolph suffered numbness in both arms and legs while playing in the Fiesta Bowl against Ohio State on January 1, 2016. Randolph says he brought this to the attention of Hunt but was again told to keep playing.

After the Fiesta Bowl, Randolph had a second MRI revealing spinal stenosis. Spinal stenosis is the narrowing of the spine which causes added pressure on the nerves that run throughout the spine.

In order to prove a negligence case against any defendants, Randolph must show that each defendant had a duty to notify him of the injury after the first MRI. He also must show that each defendant failed their duties, which lead him to further injuries. If Randolph can show that the first MRI showed the spinal stenosis and the second MRI showed a worsening of the condition, he will have a solid case against those with knowledge of the scan.

Randolph is being represented by Mr. Robert Dassow of Hovde Dassow & Deets LLC.


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