DOCUMENT 63

ELECTRONICALLY FILED
7/25/2018 3:30 PM
02-CV-2018-901407.00
CIRCUIT COURT OF
MOBILE COUNTY, ALABAMA
JOJO SCHWARZAUER, CLERK
IN THE CIRCUIT COURT OF MOBILE COUNTY, ALABAMA

ERIC L. WILLIAMS, JR., )

)
) CIVIL ACTION NO.: CV-2018-901407
Plaintiff, )
)
v. )
)
MCGILL-TOOLEN CATHOLIC )
HIGH SCHOOL; BILL GRIFFIN, )
Individually and in his capacity as )
Athletic Director of McGill-Toolen )
High School, MICHELLE HAAS, )
Individually and in her capacity as )
Principal of McGill-Toolen High School; )
CALEB ROSS, Individually and in his )
capacity as Head Football Coach of )
McGill-Toolen High School; EARNEST )
HILL, Individually and as Head defensive )
Football Coach of McGill-Toolen High )
School; CARL JACKSON, Individually )
and in his Capacity as Associate Head )
Coach of McGill-Toolen High School; )
DREW GARNER, Individually and in )
his official capacity as Athletic trainer )
for McGill Toolen High school/Encore )
Rehabilitation, Inc., ENCORE )
REHABILITATION, INC., and )
Fictitious party defendants as follows: )
)
Defendants. )

Defendant No. 1, whether singular or plural, intending to refer to the true name of that person,
firm, corporation, or other entity who or which operated, maintained, and/or controlled the
practice on the dates and occasions that made the basis of this lawsuit;

Defendant No. 2, whether singular or plural, intending to refer to the true name of that person,
firm, corporation, or other entity who or which negligently and/or wantonly operated,
maintained and/or controlled the practice on the date and occasion made the basis of this lawsuit
and whose negligent and/or wanton operation and/or control was the proximate cause of the
injuries sustained by the Plaintiff;

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Defendant No. 3, whether singular or plural, intending to refer to the true name of that person,
firm, corporation, or other entity who or which acted in violation of Alabama Code § 22-11E-2
on the date and occasion made the basis of this lawsuit;

Defendant No. 4-7, whether singular or plural, intending to refer to the true name of that person,
firm, corporation, or other entity or successor in interest who or which jointly, separately, and/or
severally negligently, wantonly, and/or wrongfully caused or contributed to cause the injuries
of the Plaintiff on the occasion made the basis of this lawsuit.

Plaintiff avers that the identity of the fictitious party defendants herein are otherwise
unknown to the Plaintiff at this time or, if their names are known to the Plaintiff at this time,
their identity as proper party defendants is not known to the Plaintiff at this time, and their
true names will be substituted by amendment when the aforesaid lacking knowledge is
ascertained.

SECOND AMENDED COMPLAINT FOR DAMAGES

COMES NOW the Plaintiff and states claims against the Defendants as follows:

PARTIES, JURISDICTION AND VENUE

1. Plaintiff, Eric Lamonte Williams, Jr. (hereinafter “Eric”), is a resident of Mobile,

Alabama and states the following as his Complaint against the below Defendants.

2. Defendant, McGill-Toolen Catholic High School (hereinafter “McGill”) is a legal

entity, and all times relevant to the factual assertions set forth herein, conducting its activities and

business in Mobile County, Alabama with its principal placed of business being in Mobile County,

Alabama. McGill employed and supervised Bill Griffin; Michelle Haas; Caleb Ross; Earnest Hill;

and Carl Jackson at all times relevant to the allegations in this Complaint. McGill further

contracted to work with Encore Rehabilitation, Inc., and supervised Drew Garner at all times

relevant to the allegations in this Complaint.

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4. At all times material hereto Defendant, Bill Griffin, was the Athletic Director of

McGill-Toolen High School in Mobile County, Alabama. Bill Griffin was tasked with operating

the athletic department under the scope and supervision of his employment with McGill.

5. At all times material hereto Defendant, Michelle Haas, was the principal of McGill-

Toolen High School in Mobile County, Alabama. Michelle Haas was tasked with operating the

school under the scope and supervision of her employment with McGill.

6. At all times material hereto Defendant, Caleb Ross, was the Head Football Coach

of McGill-Toolen High School in Mobile County, Alabama. Caleb Ross was tasked with operating

the McGill-Toolen Football team under the scope and supervision of Michelle Haas, Bill Griffin,

and McGill.

7. At all times material hereto Defendant, Earnest Hill, was the Head Defensive

Football Coach of McGill-Toolen High School in Mobile County, Alabama. Earnest Hill was

tasked with operating the defense of McGill-Toolen Football team under the scope and supervision

of Michelle Haas, Bill Griffin, Caleb Ross, and McGill.

8. At all times material hereto Defendant, Carl Jackson, was the Associate Head

Coach of McGill-Toolen High School in Mobile County, Alabama. Carl Jackson was tasked with

operating as the Associate Head Coach of the McGill-Toolen Football team under the scope and

supervision of Michelle Haas, Bill Griffin, Caleb Ross, Earnest Hill, and McGill

9. At all times material hereto Defendant, Drew Garner, was the athletic trainer of

McGill-Toolen High School in Mobile County, Alabama. Drew Garner was contracted to work

with McGill-Toolen High School students through his employer Encore Rehabilitation, Inc. Drew

Garner was tasked with overseeing health and fitness of athletes participating in McGill-Toolen

sports under the scope and supervision of Michelle Haas, Bill Griffin, Caleb Ross, Earnest Hill,

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Carl Jackson, McGill and Encore Rehabilitation. Mr. Garner was employed under the scope and

control of Encore Rehabilitation, Inc.

10. Defendant, the Encore Rehabilitation, Inc., is a legal entity, and all times relevant

to the factual assertions set forth herein, conducting its activities and business in Mobile County,

Alabama with its principal placed of business being in Mobile County, Alabama. Encore

Rehabilitation, Inc. was contracted to provide Athletic Trainers for McGill-Toolen High School.

Encore Rehabilitation, Inc., employed and supervised Drew Garner during the allegations alleged

in this Complaint.

11. Fictitious Defendants 1-7 inclusive, previously described in the caption of this

complaint and made a part hereof as fully set out herein, are defendants who are otherwise

unknown to the Plaintiff but will be substituted by proper party when same is ascertained.

FACTS

12. At all times material hereto Eric was a fifteen (15) year old student of McGill-

Toolen High School.

12. Additionally, Eric was a member of the McGill-Toolen football team.

13. Prior to May 7, 2015, all Defendants were aware of the risk associated with

concussions if not managed properly.

14. All Defendants were aware symptoms of a concussion include headaches; behavior

changes; emotional changes; irritability; loss of consciousness, etc.

15. All Defendants purported to follow the rules and regulations of the Alabama High

school Athletic Association as related to symptoms or signs of concussions.

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16. Defendants were aware that teenagers between ages of thirteen (13) to seventeen

(17) years old are the most susceptible to concussion events:

17. On or about May 7, 2015, Eric participated in tackling drills under the supervision

of Coach Carl Jackson (“Coach Jackson”), who was working under the supervision of McGill,

Michelle Haas, Bill Griffin, Coach Caleb Ross, and Coach Earnest Hill.

18. During these drills Eric suffered several blows to the head and exhibited signs of a

concussion.

19. Coach Jackson was aware Eric was acting emotional and suffering from headaches

after the drills.

20. Later that day, Coach Jackson personally called Eric at his home to discuss the

practice and Eric’s health.

21. Coach Jackson failed to send Eric to a medical doctor to review his symptoms.

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22. Following the May 7, 2015 practice, Eric was observed by the athletic trainer, Drew

Garner (“Trainer Garner”) on May 11, 2015 for headaches.

23. Trainer Garner worked under the supervision of McGill, Michelle Haas, Bill

Griffin, Coach Caleb Ross, Earnest Hill, Coach Jackson, and Encore Rehabilitation, Inc.

24. Eric explained to Trainer Garner that he was experiencing headaches, as well as

other symptoms that were associate with a concussion.

25. Trainer Garner failed to send Eric to a medical doctor to review his symptoms.

26. Following the May 7th practice and despite Eric’s symptoms observed by Coach

Jackson and Trainer Garner, Eric was permitted to continue to participate in football practice

without any restrictions.

27. At no point did anyone of the Defendants receive a written clearance for Eric to

return to play from a licensed physician.

28. On May 11, 2015, Eric was permitted by all Defendants to participate in a second

practice where Coach Jackson ordered the same tackling drill.

29. During the tackling drills Eric suffered several blows to the head, and lost

consciousness.

30. From the time of the May 7, 2015 practice up to the May 11, 2015 practice the

medical condition of Eric deteriorated to a point that he was required to seek emergency medical

care.

31. Eric was taken to the emergency room where a craniotomy was performed due to a

subdural hematoma that was caused by the Defendants’ negligent, willful and/or wanton conduct.

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32. The Defendants collectively failed to adequately hire, train and supervise their

employees to follow basic guidelines provided by the Alabama legislature and the Alabama High

School Athletic Association to prevent this catastrophic injury.

33. As a proximate result of Defendants’ negligent, willful, and/or wanton conduct,

Eric suffered a traumatic brain injury; permanent physical, emotional, neurological and cognitive

deficits.

COUNT ONE
(NEGLIGENCE AND/OR WANTONNESS)

34. Plaintiff re-alleges those material averments contained in Paragraphs 1-33,

inclusive, by reference herein.

35. Plaintiff alleges that Coach Jackson, individually and under the supervision of

McGill, Michelle Haas, Bill Griffin, Caleb Ross, and Earnest Hill failed to exercise reasonable and

ordinary care in the operation and commission of football practices and therefore acted in a

negligent, willful, wanton, and/or reckless manner, causing the Eric to participate in a practice

after exhibiting signs of a concussion. Coach Jackson failed to act as a reasonably prudent person

would have in the operation of this practice and a review of Eric’s symptoms by failing to withhold

Eric from playing and continuing to order tackling drills without proper medical attention being

provided to Eric, thus causing Eric to suffer a traumatic brain injury. Coach Jackson failed to

operate the practice as a reasonably prudent person would have done under the same or similar

circumstances. Coach Jackson failed to receive written approval from a medical doctor prior to

Eric returning to football practice. Further, Coach Jackson acted with knowledge of the

circumstances and with reckless disregard of the consequences. Coach Jackson was acting in the

line and scope of his employment under the supervision of McGill, Michelle Haas, Bill Griffin,

Caleb Ross, and Earnest Hill, from May 7, 2015 through May 11, 2015.

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36. Plaintiff alleges that Trainer Garner failed to exercise reasonable and ordinary care

in the evaluation and healthcare administered to Eric and his conduct was negligent, willful,

wanton, and/or reckless, thus causing the Eric to participate in a practice after exhibiting signs of

a concussion. Trainer Garner failed to act as a reasonably prudent person would have in the review

of Eric’s symptoms by failing to withhold Eric from participating in practice without proper

medical attention being provided to Eric, thus causing Eric to suffer a traumatic brain injury.

Trainer Garner failed to properly evaluate Eric as a reasonably prudent person would have done

under the same or similar circumstances. Trainer Garner failed to receive written approval from a

medical doctor prior to Eric returning to football practice. Further, Trainer Garner acted with

knowledge of the circumstances and with reckless disregard of the consequences. Trainer Garner

was acting in the line and scope of his employment and under the supervision of McGill, Michelle

Haas, Bill Griffin, Caleb Ross, Coach Jackson, and Earnest Hill, from May 7, 2015 through May

11, 2015.

37. Plaintiff further alleges that Encore Rehabilitation Inc., Drew Garner, McGill, and

co-employees Michelle Haas, Bill Griffin, Caleb Ross, Carl Jackson, Earnest Hill, and fictitious

defendants 1-7 were negligent, willful and/or wanton in at least, but not limited to the following:

a. Failed to properly supervise Eric Williams;

b. Failed to exercise reasonable care in the operation of football practices;

c. Failed to exercise reasonable care in health evaluations of Eric Williams;

d. Failed to provide a safe environment for Eric Williams;

e Failed to withhold Eric Williams from practice after exhibiting concussion

symptoms;

f. Failed to recognize Eric Williams’s symptoms;

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g. Failed to act reasonably; and

h. Failed to obey the Rules of Health, Mental Health, and Environmental

Control in accordance with the laws of Alabama.

38. Defendants’ conduct was negligent, willful and/or wanton and conducted and

carried on with a reckless and/or conscious disregard of the rights and safety of others.

39. As a proximate result of the negligence, willfulness and/or wantonness of

Defendants, the Eric suffered severe injuries.

COUNT TWO
(PER SE NEGLIGENCE AND WANTONNESS)

40. Plaintiff re-alleges those material averments contained in Paragraphs 1-39,

inclusive, by reference herein.

41. Defendants (and Fictitious Defendants) negligently and wantonly violated Alabama

Code § 22-11E-2 and the duties prescribed therein.

42. As a proximate result of the Defendants’ violation of Alabama Code § 22-11E-2,

Defendants have cause Plaintiff damages.

COUNT THREE
(NEGLIGENT SUPERVISION/HIRING/TRAINING)

43. Plaintiff re-alleges those material averments contained in Paragraphs 1-42,

inclusive, by reference herein.

44. Defendants, McGill, Michelle Haas, and Bill Griffin hired, supervised and trained

Coach Caleb Ross, Carl Jackson, and Earnest Hill for athletic operations at McGill-Toolen High

School. Defendants further contracted with Encore Rehabilitation, Inc. to provide Athletic

Trainers such as Drew Garner to provide care for their students.

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Defendants, Encore Rehabilitation, Inc., hired, supervised and trained Drew Garner for

athletic training associated with McGill-Toolen High School.

45. Plaintiff alleges that on May 7, 2015 through May 11, 2015, McGill, Michelle Haas,

Bill Griffin, Caleb Ross, Coach Jackson, Earnest Hill, Trainer Garner and Encore Rehabilitation,

Inc., had knowledge of concussions and head injuries as they relate to football and sporting

activities surrounding the McGill-Toolen athletics.

46. Plaintiff alleges that, McGill, Michelle Haas, Bill Griffin, negligently hired,

supervised and trained their employees, Caleb Ross; Coach Jackson and Earnest Hill.

Plaintiff alleges that Encore Rehabilitation, Inc., negligently hired, supervised and trained

Drew Garner for athletic training associated with McGill-Toolen High School.

47. As a proximate result of McGill, Michelle Haas, Bill Griffin, Caleb Ross, Carl

Jackson, Earnest Hill and Drew Garner’s negligent supervision, hiring and/or training of their

employees, multiple football practices occurred where Eric exhibited signs of concussions and

Eric was not withheld from practice resulting in a traumatic brain injury on May 11, 2015 causing

extensive damages to Eric.

WHEREFORE ALL PREMISES CONSIDERED, Plaintiff requests that this Court

enter a judgment in an amount determined by a jury for compensatory and applicable punitive

damages and any other relief that this Court deems just.

RESPECTFULLY SUBMITTED,

/s/ Craig L. Lowell______

Craig L. Lowell
Patrick L. Pantazis
Attorneys for Plaintiff

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OF COUNSEL:
WIGGINS CHILDS PANTAZIS
FISHER & GOLDFARB LLC
The Kress Building
301 19th Street North
Birmingham, Alabama 35203
Telephone: (205) 314-0500
clowell@wigginschilds.com

JURY DEMAND

Plaintiff demands trial by struck jury.

PLEASE SERVE DEFENDANTS VIA CERTIFIED MAIL

McGill-Toolen Catholic High School

Michael L. Farmer, as Registered Agent
400 Government Street
Mobile, AL 36602

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