Amended Complaint (Filed) Jarrius Lindsey

Filing # 39760993 E-Filed 04/04/2016 04:30:37 PM
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT

IN AND FOR DUVAL COUNTY, FLORIDA
Case No.: 16-2016-CA-002303-XXXX-MA
Div.:
JARRIUS LINDSEY,
Plaintiff,
v.
JACKSONVILLE UNIVESITY, a Florida
Non-Profit Corporation and JACKSONVILLE
UNIVERSITY SPORTS MEDICINE, a program
with facility organized and existing under Jacksonville
University and DOUG FRYE, individually, and as the
Head Certified Athletic Trainer for Jacksonville
University Football.
Defendants.
_____________________________________________/
AMENDED COMPLAINT
The Plaintiff, JARRIUS LINDSEY, through their undersigned attorney, sues the
Defendants, JACKSONVILLE UNIVESITY, JACKSONVILLE UNIVERSITY SPORTS
MEDICINE and DOUG FRYE and in support thereof alleges as follows:
JURISDICTION AND PARTIES
1.
This is an action for damages over Fifteen Thousand Dollars ($15,000.00),
exclusive of interest and costs, and it is otherwise in jurisdiction of the Court.

2.
All conditions precedent to bringing this action has occurred or has been
performed.
3.
At all times relevant hereto, Plaintiff JARRIUS LINDSEY, is an individual
residing in Bowling Green, Hardee County, Florida.

4.
At all times relevant hereto, Defendant, JACKSONVILLE UNIVERSITY, is a
Florida not for Profit Corporation authorized to do business in the State of Florida and whose
principle place of business is 2800 University Boulevard North, Jacksonville, Florida 32211.
1
5.
At all times relevant hereto, DOUG FRYE is an individual residing in
Jacksonville, Duval County, Florida and was the Head Athletic Trainer for Defendant
JACKSONVILLE UNIVERSITY for the universitys sports medicine program,
JACKSONVILLE UNIVERSITY SPORTS MEDICINE.
6.
At all times relevant hereto, JACKSONVILLE UNIVERSITY SPORTS
MEDICINE is and was at all times material hereto, a program with facilities organized and
existing under the Defendant JACKSONVILLE UNIVERSITY and located on Defendants
JACKSONVILLE UNIVERSITYs campus.
7.
Upon information and belief, at all times relevant hereto, Defendant
JACKSONVILLE UNIVERISTY was acting by and through authorized actual or ostensible

agents, servants, and/or employees, including Defendant DOUG FRYE, who was acting
within in the scope of his employment with the Defendant JACKSONVILLE UNIVERSITY.
8.
Upon information and belief, at all times relevant hereto, Defendant
JACKSONVILLE UNIVERSITY SPORTS MEDICINE was acting by and through

authorized actual or ostensible agents, servants, and/or employees, including Defendant
DOUG FRYE, who was acting within in the scope of his employment or agency relationship
with the Defendant JACKSONVILLE UNIVERSITY SPORTS MEDICINE.
9.
The names of some of these authorized actual or ostensible agents, servants,
and/or employees are known to Defendants and unknown to Plaintiff and include all
personnel who provided athletic training, athletic and medical evaluation and monitoring to
JARRIUS LINDSEY during the time periods of March 2012 and through October 2013.
FACTUAL STATEMENT
10.
Jarrius Lindsey started playing football at the age of 7 in Bowling Green,
Florida.
11.
Mr. Lindsey played football all four years that he attended Hardee Sr High
School in Wauchula, Florida.

12.
During his senior year in high school, Mr. Lindsey was selected to the Florida
Athletic Coaches Association All-District Football Team was a two-time State Qualifier in
Boys Weightlifting.
13.
Mr. Lindsey was a scholar-athlete at Hardee Sr High graduating in the top 10
percent of his class with a weighted grade point average of 4.25. During his high school
career, Mr. Lindsey took a rigorous course load which included Honors, Advanced Placement
and Dual-enrolment courses.
14.
Prior to graduation, Mr. Lindsey applied for and received one of the top
scholarships offered to Hardee Sr students, with a scholarship to attend school at the

Defendant JACKSONVILLE UNIVERSITY.
15.
Mr. Lindsey was recruited by Defendant JACKSONVILLE UNIVERSITY
and received (athletic grants) to play football for the university.

16.
Mr. Lindsey entered Defendant JACKSONVILLE UNIVERSITY as a
freshman in the 2011-2012 school year.

17.
On or about June 20, 2011, prior to the start of the 2011 football season, Mr.
Lindsey filled out a Jacksonville University Sports Medicine Initial Health History Form, on
which he checked the box indicating that he had experienced head injuries and concussions in
the past.
18.
Mr Lindsey played his freshman college football season without a concussion.

2012 SPRING FOOTBALL
19.
On or about March 31, 2012, during a live football practice scrimmage, Mr.
Lindsey sustained a big blow to his head by a teammate defender while attempting to catch a
pass.
20.
Mr. Lindsey did not see the defender coming and therefore could not protect
himself from the hit. Video of the collision show Mr. Lindsey lying motionless after the hit.
21.
Because of the blow, Mr. Lindsey briefly blacked out and sustained a severe
concussion. Mr. Lindsey had to be assisted off of the field.

22.
Mr. Lindsey experienced a headache, nausea, dizziness, drowsiness, visual
problems, memory problems, numbness, tingling and a period or paralysis where he could
feel nothing or move.
23.
On March 31, 2012, upon information and belief, Defendant DOUG FRYE
performed a baseline concussion check list on Mr. Lindsey to establish his baseline. The
Bess & Symptom Checklist Concussion Form (Concussion Checklist) is a test developed to
provide sports athletic trainers with a brief tool for assessing the injured athletes mental
status during the acute period after a concussion.
24.
The Concussion Checklist includes measures of orientation, immediate
memory, concentration, and delayed recall that add to a possible total score of 144 and a
balancing score with a maximum number of errors of a score of 10.
25.
The Concussion Checklist, however, is only one of a battery of test a
concussive athlete should undergo for a complete and thorough evaluation.

26.
The
Concussion
Checklist
does
not
replace
more
extensive
neuropsychological evaluation.
27.
Defendant DOUG FRYE incorrectly administered the Concussion Checklist.
For an example, the Concussion Checklist requires five (5) different times to conduct a
baseline testing of Mr. Lindsey. Defendant DOUG FRYE only conducted 2 of the required
five (5) test; specifically he failed to conduct the 24-48 hours baseline testing, five (5) days
baseline testing and eight (8) two (2) weeks baseline testing.
dated for March 31, 2012 but fails to identify the examiner.
Furthermore the form is
28.
On April 13th and 26th of 2012, Defendant DOUG FRYE and/or a
JACKSONVILLE UNVERSITY athletic trainer and/or employee administered a Concussion

Vital Signs Post-Injury test on Mr. Lindsey which both test results indicated Mr. Lindsey had
not returned to baseline status.
29.
The April 2012 Concussion Vital Signs Post-Injury reports indicate Mr.
Lindseys reaction time to the questions asked were higher indicating Mr. Lindsey was
having a difficult time responding to the questions.
30.
On or about April 26, 2012, Defendant DOUG FRYE, and Defendant
JACKSONVILLE UNVERSITY referred Mr. Lindsey to orthopaedic and team physician

Joseph Czerkawaski, M.D. for an evaluation of Mr. Lindsey due to Mr. Lindseys continued
complaints of numbness and pain down his right side of his body and right upper weakness.
During that visit Dr. Czerkawaski ordered a MRI of Mr. Lindseys spine for evaluation of
spinal cord contusion with residual upper extremity weakness. Dr. Czerhawaskis notes Mr.
Lindseys symptoms of headaches and fogginess had improved but not resolved.
31.
Despite Mr. Lindseys continued complaints of weakness, headaches and
fogginess, Defendant DOUG FRYE does not recommend Mr. Lindsey to a neurologist or a
neuropsychologist for evaluation.
32.
After the April 26, 2012 Concussion Vital Signs Post Injury Report, no other
baseline assessment or exertional manoeuvres test was ever administered prior to clearing
Mr. Lindsey to return to full contact.
33.
The Defendant DOUG FRYE did not counsel or discuss with Mr. Lindsey or
his parents the risk of returning to play given his history of concussions.
2012 FALL FOOTBALL SEASON

34.
Never prior to returning to play football in August of 2012, did the Defendant
DOUG FRYE and/or Defendant JACKSONVILLE UNIVERSITY, perform another

concussion test or return to play evaluation of Mr. Lindsey.
35.
A proper post-concussion evaluation must include additional testing, including
assessment of symptoms during exertional aerobic activity.

36.
Yet, despite this history of Mr. Lindseys concussions and reported headaches,
Defendant DOUG FRYE never attempted to elicit or detect any symptoms by using
exertional manoeuvres prior to releasing Mr. Lindsey to return to play in practices and games.
37.
Had Defendant DOUG FRYE and others from Defendant JACKSONVILLE
UNIVERSITY and JACKSONVILLE UNIVERSITY SPORTS MEDICINCE, evaluated and

monitored Mr. Lindsey through use of proper, adequate and objective post-concussion
testing, they would have recognized that Mr. Lindsey had not recovered from the prior brain
injury, and prevented him from returning to play.
38.
On or about August 18, 2012, during a university scheduled football practice,
Mr. Lindsey suffered another concussion and informed Defendant DOUG FRYE of his
symptoms.
39.
On or about August 18, 2012, the Defendant DOUG FRYE administered a
Standard Assessment of Concussion (SCAT2).

40.
Similar to the Concussion Checklist, the SCAT2 is a test developed to provide
sports athletic trainers with a brief tool for assessing the injured athletes mental status during
the acute period after a concussion.
41.
The SCAT2, however, is only one of a battery of test a concussive athlete
should undergo for a complete and thorough evaluation.

42.
The SCAT2 does not replace a more extensive neuropsychological evaluation.
43.
On this occasion, the SCAT2 test was the only tool utilized by Defendant
DOUG FRYE to assess the severity of the head trauma that Mr. Lindsey had suffered.
44.
Despite Mr. Lindseys history of concussions, Defendant DOUG FRYE did
not refer or recommend Mr. Lindsey be evaluated by a neuropsychologist or any other

neurologist to evaluate his head injuries.
45.
Again, after the August 18, 2012 concussion, Defendant DOUG FRYE never
attempted to elicit or detect any symptoms by using exertional manoeuvres prior to releasing
Mr. Lindsey to return to play in practices and games.
46.
After the August 18, 2012 concussion, Mr. Lindsey continued to experience
headaches and made Defendant DOUG FRYE aware of his symptoms.

47.
Had the Defendants properly evaluated and monitored Mr. Lindsey through
using proper, adequate, and objective post-concussion testing, including exertional

manoeuvres, they would have recognized that he had not recovered from the prior brain
injury, and prevented him from returning to play.
48.
The Defendant DOUG FRYE did not counsel or discuss with Mr. Lindsey or
his parents the risk of returning to play given his history of concussions.
49.
Despite Mr. Linseys history of concussions and headache complaints,
Defendant DOUG FRYE cleared Mr. Lindsey to participate in full contact practices and
games.
50.
On or about September 15, 2012, in an official university home football game,
Mr. Lindsey suffered a shoulder injury which required surgery and ended his football season.
51.
On or about October 2012, Mr. Lindsey underwent surgery on his right
shoulder and was out of football until fall of 2013.
52.
After October of 2012, Mr. Lindsey continued to experience headaches,
depression, and difficultly concentrating in the class room which lead to a decline in his
school grades.
53.
Because Defendant DOUG FRYE permitted Mr. Lindsey to return to play
before he recovered from the prior concussion, Mr. Lindsey was put at risk of suffering a
serious brain injury.
2013 FOOTBALL SEASON
54.
Never prior to returning to play football in August of 2013, did the Defendant
DOUG FRYE and/or Defendant JACKSONVILLE UNIVERSITY, perform another

concussion test or an exertional manoeuvres test or return to play evaluation of Mr. Lindsey.
55.
On or about September 7, 2013, while participating in an official university
away game, Mr. Linsey had a head on collision with a defender which dazed Mr. Lindsey
and caused him to experience ringing in his ears. The collision loosened Mr. Lindseys
helmet and it therefore required the equipment manager to add air in Mr. Lindseys helmet.
Mr. Lindsey informed the equipment manager he felt dazed but he was told to return to the
game. Mr. Lindsey went back in the game and finished the game.
56.
After the game, Mr. Lindsey continued to experience headaches and had a
hard time focusing in class, difficulty sleeping and a loss of appetite.

57.
On and about September 14, 2013, in an official university home football
game, Mr. Lindsey suffered a blow to his upper back which caused his head to violently jerk
back and forth.
58.
Upon information and belief, Mr. Lindsey came to the side lines and informed
Defendant DOUG FRYE he had suffered a stinger. Defendant DOUG FRYE and Dr.
Crensaw evaluated Mr. Lindsey on the side lines. Mr. Lindsey was told nothing was wrong
with him and to get back into the game. Mr. Lindsey refused to go back in the game.
59.
Mr. Lindsey continued to experience headaches, hard time focusing in class,
difficulty sleeping and pain in head, neck and shoulder area.

60.
On or about September 21, 2013, Mr. Lindsey shared with Defendant DOUG
FRYE his symptoms of headaches, difficulty focusing and sleeping and pain in his head, neck
and shoulder area. Mr. Lindsey also informed Defendant DOUG FRYE of the injury he
suffered back on September 7, 2013 which he described as being dazed.
61.
On or about October 2, 2013, Defendant DOUG FRYE referred Mr. Lindsey
to orthopaedic surgeon Gregory C. Keller, M.D. for evaluation of Mr. Lindseys neck pain.
Dr. Keller stated that he was uncertain whether Mr. Lindseys pain represents cervical
pathology and recommended and agreed that Mr. Lindsey no longer participate in contact
sports.
62.
Because Mr. Lindsey was permitted to return to play before his brain had
recovered from prior concussions, Mr. Lindsey was put at risk for and suffered a severe and
permanent brain injury.
63.
As a result, Mr. Lindsey continues to suffer from headaches, depression,
anxiety, suspiciousness, insomnia, memory problems, and inability to concentrate.

64.
Because of the Defendants negligence, Mr. Lindsey has been diagnosed with
Traumatic Brain Injury (TBI) from Concussions, Major Neurocognitive Disorder due to TBI,
Psychotic Disorder due to another medical condition (TBI) with delusions, weight gain and
insomnia.
65.
Mr. Lindsey cannot be left unsupervised and is forgetful and easily distracted.
He has difficulty sleeping and has a delayed response time.

66.
Mr. Lindseys injuries are severe and permanent.

COUNT I
NEGLIGENCE
JACKSONVILLE UNIVERSITY
9
67.
Plaintiff incorporate by reference the allegations of the paragraphs 1 through
66
as if set forth fully herein.
68.
At all times relevant, JACKSONVILLE UNIVERSITY owed a duty to
JARRIUS LINDSEY to supervise, regulate, monitor and provide reasonable and appropriate
rules to minimize the risk of injury to JARRIUS LINDSEY.
69.
JACKSONVILLE UNIVERSITY breached its duty to JARRIUS LINDSEY
by one or more of the following:

(a)
failure to properly and adequately evaluate JARRIUS LINDSEY for

concussions;
(b)
failure to properly and adequately evaluate and monitor JARRIUS

LINDSEY after his March 21, 2012, August 18, 2012, September 7,
2013 and September 14, 2013 concussions;
(c)
failure to properly and adequately obtain a baseline cognitive, posturalstability, and exertional manoeuvres test for JARRIUS LINDSEY;
(d)
failure to properly and adequately obtain and document JARRIUS

LINDSEY baseline test scoring:
(e)
failure to properly and adequately administer a concussion injury

assessment;
(f)
failure to properly and adequately reassess JARRIUS LINDSEY prior

to releasing him to participate in full contact practices and games;
(g)
failure to properly and adequately record the time of the initial injury
and conduct and document serial assessments of JARRIUS LINDSEY,
noting presence or absence of signs and symptoms of injury;
(h)
failure to employ and/or retain competent and adequately trained

10
personnel able to provide adequate and effective medical care

treatment, training, management, and/or oversight to JARRIUS
LINDSEY on the playing field;
(i)
failure to ensure personnel maintained adequate knowledge, skills and

competence levels to provide proper, adequate, and effective medical
care, treatment, training, management, and/or oversight to JARRIUS
(j)
failure to adequately oversee personnel in the execution of their duties

to assure that JARRIUS LINDSEY received adequate, proper, and safe
medical care, treatment, training, management, and/or oversight on the
playing field;
(k)
failure to have in place and/or enforce adequate policies and

procedures regarding medical care, treatment, training, management,
and/or oversight of student-athletes post-concussion such as
JARRIUS LINDSEY;
(l)
failure to actively educate athletes, coaches, athletic trainers, and

medical personnel about the signs and symptoms associated with
concussions, as well as the serious risk of playing football while still
symptomatic;
(m)
failure to warn JARRIUS LINDSEY about the serious risks of playing

football while still symptomatic after suffering a previous concussion;
(n)

procedures regarding the management of all sport-related concussions
before the start of the athletic season;
(o)
failure to recognize the limitations of the SAC test;
11
(p)
failure to administer proper, adequate, and objective post-concussion

testing besides the SAC test;
(q)
failure to properly train personnel on proper administration of the SAC

test;
(r)

personnel able to provide proper, adequate, effective and standardized
SAC treatment to students and a student-athletes including JARRIUS
LINDSEY;
(s)
failure to personnel maintained adequate knowledge, skills and

competence levels to provide proper, adequate, effective and
standardized SAC treatment to students and student-athletes, including
JARRIUS LINDSEY;
(t)
failure to conduct proper and adequate post-concussion testing and

evaluation, including testing for symptoms on exertion and after
practice and games;
(u)

procedures regarding proper, effective, and adequate testing and/or
evaluation to ascertain the health and ensure the safety of all students
and student-athletes, including JARRIUS LINDSEY;
(v)
failure to refer to a qualified medical doctors, such as a neurologist, for

post-concussion evaluation;
(w)

procedures for proper and adequate testing, evaluation, and clearance
of student-athletes post-injury to returning to play, including JARRIUS
LINDSEY;
12
(x)

procedures regarding all return-to-play decisions;
(y)
negligently making a return-to-play decision with regard to JARRIUS

LINDSEY status post-concussion;
(z)

procedures for athletes playing sports with a high risk of concussions,
including football players such as JARRIUS LINDSEY;
(aa)
failure to properly determine the severity and classify the concussion

of an injured athlete, such as JARRIUS LINDSEY;
(bb)
failure to properly and adequately perform a thorough clinical

evaluation of JARRIUS LINDSEY, prior to making a return-to-play
decision;
(cc)
failure to properly and adequately perform thorough clinical, formal

cognitive, and postural-stability testing required to objectively
determine in the injury severity of JARRIUS LINDSEY and his
readiness to return to play;
(dd)
utilizing only one test to determine recovery or return to play;
(ee)
failure to perform or obtain a proper post-concussion evaluation by a

qualified physician on JARRIUS LINDSEY;
(ff)
failure to refer JARRIUS LINDSEY for a proper concussion

evaluation by a qualified physician prior to making a return-to-play
decision;
(gg)
failure to properly and adequately make a return-to-play decision only

after an incremental increase in activity with an initial cardiovascular
13
challenge, flowed by sport-specific activities that did not place

JARRIUS LINDSEY at risk for concussion;
(hh)
failure to prevent JARRIUS LINDSEY from returning to play for an

adequate period of time to allow him to recover status post-concussion;
(ii)
failure to recognize the risk of premature return to play status post

concussion;
(jj)
failure to warn JARRIUS LINDSEY of the risks of premature return to

play status post-concussion;
(kk)
permitting DOUG FRYE to engage in the practice of medicine beyond

the qualifications of an athletic trainer by conducting the sole return-toplay evaluation of JARRIUS LINDSEY, without involving a medical
doctor, and;
(ll)
failure to have or enforce policies or procedures prohibiting return-to

play determinations based solely on the evaluation of a Defendant
DOUG FRYE.
70.
As a direct, legal and proximate cause of the breach of duty of the Defendant,
JACKSONVILLE UNIVERSITY, and their servants, employees, and/or ostensible agents,

Plaintiff, JARRIUS LINDSEY suffered both physical and emotional injuries, including a
traumatic brain injury.
COUNT II
NEGLIGENCE
DOUG FRYE
71.
66 as if set forth fully herein.

72.
At all times relevant, Defendant DOUG FRYE owed a duty to JARRIUS
LINDSEY to properly asses Mr. Lindseys condition, provide or obtain proper medical
14
treatment, provide proper clearance to participate and return to play, discuss risks associated
with concussions and participation, supervise, regulate, monitor and provide reasonable and
appropriate rules to minimize the risk of injury to JARRIUS LINDSEY.
73.
Defendant DOUG FRYE breached its duty to JARRIUS LINDSEY by one or
more of the following:

(a)

concussions;
(b)

LINDSEY after March 31, 2012, August 18, 2012, September 7, 2013
and September 14, 2013 concussions;
(c)
failure to properly and adequately obtain a baseline cognitive, posturalstability, and exertional manoeuvres test for athletes playing sports
with high risk of concussion, such as football, including JARRIUS
LINDSEY;
(d)

(e)

assessment;
(f)

(g)
(h)

15
(i)
failure to properly and adequately monitor JARRIUS LINDSEY

following each concussion for the presence to delayed signs and
symptoms and to assess recovery;
(j)
failure to properly document all pertinent information surrounding

JARRIUS LINDSEYs concussive injuries, including, but not limited
to: (1) mechanism of injury; (2) initial signs and symptoms; (3) state of
consciousness; (4) findings on serial testing of symptoms and
neuropsychological function and postural-stability tests (noting any
deficits compared with baseline); (5) instructions given to JARRIUS
LINDSEY and/or his parents; (6) recommendations provided by the
physician; (7) date and time of JARRIUS LINDSEYs return to
participation; and (8) relevant information on JARRIUS LINDSEYs
history of prior concussion and associated recovery pattern(s);
(k)
failure to or retain competent and adequately trained

(i)

(j)

playing field;
16
(k)

JARRIUS LINDSEY;
(l)

symptomatic;
(m)

(n)
failure to recognize the limitations of the SCAT test;
(o)

testing besides the SCAT test;
(p)
failure to properly train personnel on proper administration of the

SCAT test;
(q)

SCAT treatment to students and student-athletes including JARRIUS
LINDSEY;
(r)

standardized SCAT treatment to students and student-athletes,
including JARRIUS LINDSEY;
17
(s)

practice and games;
(t)

(u)

(v)

LINDSEY;
(w)

(x)

(y)

(z)

(aa)

decision;
18
(bb)

(cc)
(dd)

(ee)

decision;
(ff)

(gg)

(hh)

concussion;
(ii)

play status post-concussion and;
74.
As a direct, legal and proximate cause of the breach of duty of the Defendant
DOUG FRYE, Plaintiff, JARRIUS LINDSEY suffered both physical and emotional injuries,
including a traumatic brain injury.
COUNT III
NEGLIGENCE
JACKSONVILLE UNIVERSITY SPORTS MEDICINE
19
75.

66

76.
At all times relevant, Defendant JACKSONVILLE UNIVERSITY SPORTS
MEDICINE owed a duty to JARRIUS LINDSEY to supervise, regulate, monitor and provide
reasonable and appropriate rules to minimize the risk of injury to JARRIUS LINDSEY.
77.
Defendant JACKSONVILLE UNIVERSITY SPORTS MEDICINE breached

its
duty to JARRIUS LINDSEY by one or more of the following:

(a)

concussions;
(b)

LINDSEY after his March 21, 2012, August 18, 2012, September 7,
2013 and September 14, 2013 concussions;
(c)
failure to properly and adequately obtain a baseline cognitive, posturalstability, and exertional manoeuvres test for JARRIUS LINDSEY;
(d)

(e)

assessment;
(f)

(g)
20
(h)

(iii)

(j)

playing field;
(k)

JARRIUS LINDSEY;
(l)

symptomatic;
(m)

(n)

21
(o)
failure to recognize the limitations of the SCAT test;
(p)

testing besides the SCAT test;
(q)
failure to properly train personnel on proper administration of the

SCAT test;
(r)

SCAT treatment to students and student-athletes including JARRIUS
LINDSEY;
(s)

standardized SCAT treatment to students and student-athletes,
including JARRIUS LINDSEY;
(t)

practice and games;
(u)

(v)

(w)

22

LINDSEY;
(x)

(y)

(z)

(aa)

(bb)

decision;
(cc)

(dd)
(ee)

(ff)

decision;
23
(gg)

(hh)

(iv)

concussion;
(jj)

play status post-concussion;
(kk)
permitting DOUG FRYE to engage in the practice of medicine beyond

the qualifications of an athletic trainer by conducting the sole return-toplay evaluation of JARRIUS LINDSEY, without involving a medical
doctor, and;
(ll)
failure to have or enforce policies or procedures prohibiting return-to

play determinations based solely on the evaluation of a Defendant
DOUG FRYE.
78.
As a direct, legal and proximate cause of the breach of duty of the Defendant,
Defendant JACKSONVILLE UNIVERSITY SPORTS MEDICINE, and their servants,

employees, and/or ostensible agents, Plaintiff, JARRIUS LINDSEY suffered both physical
and emotional injuries, including a traumatic brain injury.
COUNT IV
VICARIOUS LIABILITY
JACKSONVILLE UNVERISTY
79.

66
24

80.
At all times material, Defendant DOUG FRYE, was and is an agent, principal
or
employee of Defendant JACKSONVILLE UNIVERSITY., and was acting within the scope
and course of his agency, principal or employment with Defendant JACKSONVILLE
UNIVERSITY. Defendant JACKSONVILLE UNIVERSITY is vicariously liable for the
negligence of Defendant DOUG FRYE, as alleged in Count II.
COUNT V
VICARIOUS LIABILITY
JACKSONVILLE UNIVERSITY SPORTS MEDICINE
81.

66

82.
At all times material, Defendant DOUG FRYE, was and is an agent, principal
or
employee of Defendant JACKSONVILLE UNIVERSITY SPORTS MEDICINE, and was

acting within the scope and course of his agency, principal or employment with Defendant
JACKSONVILLE UNIVERSITY SPORTS MEDICINE.
Defendant JACKSONVILLE
UNIVERSITY SPORTS MEDICINE is vicariously liable for the negligence of Defendant

DOUG FRYE, as alleged in Count II.
CLAIMS OF JARRIUS LINDSEY
83.
Plaintiff incorporate by reference the allegations of the paragraphs 1
through 66 as if set forth fully herein.

84. As a direct and proximate result of the negligence of the Defendants
25
JACKSONVILLE UNIVERSITY, JACKSONVILLE UNIVERSITY SPORTS MEDICINE

and DOUG FRYE, Plaintiff JARRIUS LINDSEY suffered bodily injury, brain damage and
resulting pain and suffering, impairment, disability, mental anguish, expense of
hospitalization, medical treatment, rehabilitation, loss of capacity for the enjoyment of life,
past and future lost wages and loss of earning capacity, and the expense of medical treatment
both past and future. These injuries, losses and damages are substantial and permanent
within a reasonable degree of medical therapeutic, rehabilitative and economic probability.
These losses are permanent and the Plaintiff will suffer from these losses in the future.
Plaintiff demands judgement against the Defendants for all damages recoverable under
Florida law plus costs, interest, and attorneys fees if allowable by law.
WHEREFORE, Plaintiff JARRIUS LINDSEY demand judgement against the
Defendants, JACKSONVILLE UNIVERSITY, JACKSONVILLE UNIVERSITY SPORTS
MEDICINE and DOUG FRYE and demands a trial by jury
Dated April 1, 2016.
/s/ Charles Emanuel________
Charles E. Emanuel, Jr., Esq.

Fla. Bar No:. 0913391
THE EMANUEL FIRM, P.A.
545 Delaney Avenue Building #9
Orlando, FL 32801
(407) 412-7376- Office
(407) 809-5706- Fax
Primary: charles@theemanuelfirm.com
Secondary: crtpleadings@theemanuelfirm.com
Secondary: ericka@theemanuelfirm.com
Attorneys for Plaintiff, Jarrius Lindsey
And
Willie E. Gary, Esquire
Florida Bar No.: 187843
GARY, WILLIAMS, WATSON,
PARENTI & GARY, P.L.
221 E. Osceola Street
Stuart, Florida 34994
(772) 283-8260- Office
26
(772) 463-4319- Fax

Primary: weg@williegary.com
Secondary: cac@williegary.com
Attorneys for Plaintiff, Jarrius Lindsey
27

Amended Complaint (Filed) Jarrius Lindsey

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Amended Complaint (Filed) Jarrius Lindsey

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Filing # 39760993 E-Filed 04/04/2016 04:30:37 PM

IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT

This is an action for damages over Fifteen Thousand Dollars ($15,000.00),

exclusive of interest and costs, and it is otherwise in jurisdiction of the Court.

At all times relevant hereto, Plaintiff JARRIUS LINDSEY, is an individual

residing in Bowling Green, Hardee County, Florida.

At all times relevant hereto, Defendant, JACKSONVILLE UNIVERSITY, is a

At all times relevant hereto, DOUG FRYE is an individual residing in

At all times relevant hereto, JACKSONVILLE UNIVERSITY SPORTS

Upon information and belief, at all times relevant hereto, Defendant

JACKSONVILLE UNIVERISTY was acting by and through authorized actual or ostensible

Upon information and belief, at all times relevant hereto, Defendant

JACKSONVILLE UNIVERSITY SPORTS MEDICINE was acting by and through

The names of some of these authorized actual or ostensible agents, servants,

Jarrius Lindsey started playing football at the age of 7 in Bowling Green,

School in Wauchula, Florida.

Mr. Lindsey was a scholar-athlete at Hardee Sr High graduating in the top 10

scholarships offered to Hardee Sr students, with a scholarship to attend school at the

Mr. Lindsey was recruited by Defendant JACKSONVILLE UNIVERSITY

and received (athletic grants) to play football for the university.

Mr. Lindsey entered Defendant JACKSONVILLE UNIVERSITY as a

freshman in the 2011-2012 school year.

Mr Lindsey played his freshman college football season without a concussion.

concussion. Mr. Lindsey had to be assisted off of the field.

Mr. Lindsey experienced a headache, nausea, dizziness, drowsiness, visual

The Concussion Checklist includes measures of orientation, immediate

The Concussion Checklist, however, is only one of a battery of test a

concussive athlete should undergo for a complete and thorough evaluation.

Defendant DOUG FRYE incorrectly administered the Concussion Checklist.

Furthermore the form is

On April 13th and 26th of 2012, Defendant DOUG FRYE and/or a

JACKSONVILLE UNVERSITY athletic trainer and/or employee administered a Concussion

On or about April 26, 2012, Defendant DOUG FRYE, and Defendant

JACKSONVILLE UNVERSITY referred Mr. Lindsey to orthopaedic and team physician

Despite Mr. Lindseys continued complaints of weakness, headaches and

2012 FALL FOOTBALL SEASON

DOUG FRYE and/or Defendant JACKSONVILLE UNIVERSITY, perform another

A proper post-concussion evaluation must include additional testing, including

assessment of symptoms during exertional aerobic activity.

Had Defendant DOUG FRYE and others from Defendant JACKSONVILLE

UNIVERSITY and JACKSONVILLE UNIVERSITY SPORTS MEDICINCE, evaluated and

On or about August 18, 2012, during a university scheduled football practice,

On or about August 18, 2012, the Defendant DOUG FRYE administered a

Standard Assessment of Concussion (SCAT2).

Similar to the Concussion Checklist, the SCAT2 is a test developed to provide

The SCAT2, however, is only one of a battery of test a concussive athlete

should undergo for a complete and thorough evaluation.

The SCAT2 does not replace a more extensive neuropsychological evaluation.

Despite Mr. Lindseys history of concussions, Defendant DOUG FRYE did

not refer or recommend Mr. Lindsey be evaluated by a neuropsychologist or any other

headaches and made Defendant DOUG FRYE aware of his symptoms.

using proper, adequate, and objective post-concussion testing, including exertional

Despite Mr. Linseys history of concussions and headache complaints,

On or about September 15, 2012, in an official university home football game,

On or about October 2012, Mr. Lindsey underwent surgery on his right

shoulder and was out of football until fall of 2013.

After October of 2012, Mr. Lindsey continued to experience headaches,

Because Defendant DOUG FRYE permitted Mr. Lindsey to return to play

DOUG FRYE and/or Defendant JACKSONVILLE UNIVERSITY, perform another

On or about September 7, 2013, while participating in an official university

hard time focusing in class, difficulty sleeping and a loss of appetite.

On and about September 14, 2013, in an official university home football

Mr. Lindsey continued to experience headaches, hard time focusing in class,

difficulty sleeping and pain in head, neck and shoulder area.