Photo: AstroStar/Shutterstock.com.
A man who suffered a paralyzing injury four years ago at a football camp will receive $10 million as a result of a lawsuit against the camp's organizer, the Fellowship of Christian Athletes.
On July 25, 2017, plaintiff Dehatia Myers, 16, attended a football camp that was being conducted at a sports complex located at 1300 Matt Fair Blvd., in Deland. While Myers was attempting a tackle during an organized scrimmage, he suffered a paralyzing fracture of his neck.
Myers' mother, Rhonda D'Haiti, acting individually and as Myers' parent and natural guardian, sued the camp's operator, the Fellowship of Christian Athletes. The lawsuit alleged that the camp's coaches were negligent in their supervision of the camp's attendees. The lawsuit further alleged that the Fellowship of Christian Athletes was vicariously liable for the coaches' actions.
During motion practice, the Fellowship of Christian Athletes was ruled vicariously liable for the actions of the coaches, who were volunteers.
Brandon Cathey, Stephanie Miles and Daniel Greene of Swope, Rodante in Tampa represented the plaintiff.
Defense attorneys Bryant Blevins and Carol Rooney of Butler Weihmuller Katz Craig's Miami and Tampa offices teamed with Rebecca Bell in Lewisville, Texas.
The plaintiffs' expert neurologist and expert biomechanical engineer opined that the pattern of Myers' fracture suggested that the fracture was a result of a tackle that Myers initiated with his head lowered and his neck flexed. Plaintiffs' counsel contended that the camp's supervising coaches, who were volunteers, permitted tackling, but that the camp's promotional material had indicated that tackling would not be permitted. The plaintiffs' football-coaching expert opined that referees should have been on site to enforce the rules.
The accident occurred during the third day of the camp. The plaintiffs' sports-medicine expert opined that the participants, who had last worn helmets weeks earlier, should have undergone "contact integration," a process in which players gradually progress from non-contact drills to full-contact drills with helmets and pads. The expert contended that contact integration better prepares the body and, in particular, the muscles surrounding the spine, for forceful contact, and plaintiffs' counsel contended that contact integration would have promoted proper and safer tackling techniques when helmets and other gear were used in the practices. Plaintiffs' counsel argued that, had contact integration been implemented, Myers would not have tackled in the manner that caused the injury.
The defense's expert biomechanical engineer opined that Myers' fracture could have been a result of Myers' head having struck the ground, rather than a helmet-led tackle. A witness claimed that Myers dove over the targeted player and was not involved in the tackle. Defense counsel argued that contact integration would not have prevented such an injury. The defense further argued that football players are regularly injured and that an injury does not establish negligence.
The defense also claimed that Myers' mother had signed a document that waived the right to sue for damages related to an injury, but the document could not be produced. A Fellowship of Christian Athletes employee claimed that the document was given to a first responder who treated Myers at the camp.
Myers suffered a fracture of his C5 vertebra. He suffers incomplete quadriplegia: He retains no sensory ability below the shoulders but retains limited use of his arms.
Myers was airlifted to Orlando Regional Medical Center, in Orlando. He immediately underwent surgical fusion of his spine's C3-4, C4-5 and C5-6 levels. The procedure included a corpectomy and a laminectomy, which involved excision of portions of vertebrae. Myers also underwent a tracheostomy, which facilitated temporary implantation of a tube through which his nutrition was provided. His neck retains the surgical stoma. Myers' hospitalization also included a lengthy course of rehabilitative therapy. His hospitalization lasted until October 2017.
Myers subsequently developed complications that included respiratory impairment, infections of his urinary tract, and bedsores, which are alternately termed decubitus ulcers or pressure sores. During the fall of 2019, he underwent surgical debridement of a bedsore that occupied his sacrum.
Myers developed further bedsores and resultant infections, and his weight resultantly diminished. In January 2020, he was admitted to a rehabilitative facility, at which he currently resides. His bedsores have since diminished in frequency, and his weight and muscle mass have improved. He undergoes physical therapy, and he utilizes a wheelchair. Doctors hope that
Myers will return to a private residence, but plaintiffs' counsel contended that Myers would always require the constant presence of an aide. Plaintiffs' counsel further contended that Myers would require additional physical therapy, a van modified to accommodate him and his wheelchair, and modifications of his residence.
Myers' mother sought recovery of a total of more than $100 million for Myers' past and future medical expenses, his past and future pain and suffering, and her loss of affection, companionship, love, society and solace.
The parties negotiated a high-low stipulation. Damages could not exceed $22 million, but they had to equal or exceed $10 million. The high amount represented the limit of the Fellowship of Christian Athletes' insurance's coverage.
The jury found that the Fellowship of Christian Athletes and Myers shared liability for Myers' injury. The Fellowship of Christian Athletes was assigned 10 percent of the liability, and Myers was assigned 90 percent of the liability. The jury also found that Myers' mother did not waive her right to sue the Fellowship of Christian Athletes.
The jury determined that the plaintiffs' damages totaled $10.05 million. The comparative-negligence reduction would have produced a net recovery of $1,005,000, but the plaintiffs recovered the stipulated minimum: a total of $10 million.
Court: Volusia County Circuit Court
Judge: Randell H. Rowe
Award breakdown: Rhonda D'Haiti $50,000 loss of companionship, society, love, affection and solace $50,000 Plaintiff's Total Award Dehatia Myers $1,000,000 past medical cost $7,000,000 future medical cost $1,000,000 past pain suffering $1,000,000 future pain suffering $10,000,000 Plaintiff's Total Award
Insurers: Church Mutual Insurance Co. (primary insurer) Allied World Assurance Company (U.S.) Inc. (excess) Evanston Insurance Co. (excess)
Plaintiff Experts: Cory Hartman M.D., neurosurgery, Winter Park, FL (treating doctor) Robert J. Kowalski M.D., neurosurgery, Clearwater, FL Christopher Leber M.D., life-care planning, Gainesville, FL Frederick Raffa Ph.D., economics, Orlando, FL (videotaped deposition presented) Drew Sanders, football, Austin, TX (football coaching) John Tabacco M.D., sports injuries, Falls Church, VA Rod Walters, football, Lexington, SC
Defense Experts: Chris Fore M.A., C.A.A., football, Apple Valley, CA (did not testify) Ying Lu Ph.D., biomechanical, Orlando, FL Rigoberto Nunez M.D., pediatrics, Kendall, FL (did not testify)