Judge, attorneys meet in ex-player’s suit against local school district

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MOODY, Texas (KWTX) Waco’s U.S. district judge and attorneys for both sides, on Wednesday discussed a pending lawsuit naming the Moody Independent School District over an injured football player.

Attorneys for Moody High School senior Steven Davis filed the original complaint last April in which Davis claims he was severely and permanently injured during an unsanctioned football drill on Feb. 16, 2016 that had to be halted 15 minutes after it began because all of the players were hurt.

On Wednesday Davis’ attorneys and those representing both the ISD and the coach named as defendants, spoke with U.S. District Judge Alan Albright and agreed that details of the meeting would be published later in the court’s findings.

Additional hearings will be required before the case can go to trial, and some of those hearings already are set after the first of the year, but trial could be underway next spring.

Davis is asking the court to award him $20 million.

In his complaint Davis says he and other players were directed to complete a football drill that involved rolling large tractor tires up a hill end-over-end.

“The drill consisted of one set of football players “flipping” a tractor tire from the base of the hill to the top. They were then instructed to roll the tires down the hill where another set of players were to assume a defensive stance and block and stop the tire as it rolled down the hill,” the complaint states, then points out: “If given the opportunity, Steven’s parents would not have consented to the football drill planned by Coach Chase.”

As well, says the complaint, the drill “was conducted without protective pads, helmets or mouth guards; nor were there any preventative measures in place.”

“The football drill was conducted for only fifteen minutes before Steven and other football players were all injured as a result of the practice drill.

“On his first and only attempt to block and tackle a rolling tractor tire, Steven was struck in the face by the rolling tractor tire and severely injured,” but he “was not taken to any hospital or emergency treatment facility by the staff of Defendant Moody ISD,” rather “The extent of medical care provided to him was rinsing his mouth out and giving him an ice pack.”

Attorneys for the school district, in their answer to the complaint, aside from issuing a general denial, pleaded the defense of contributory negligence and the failure of the plaintiff to exhaust all other administrative remedies, then asked Albright to dismiss the lawsuit.

On the original complaint’s cover sheet the lawsuit shows a demand for $20 million in compensation and the defense demands a jury trial on the issue.