Judge says O'Neal suit is too vague
Published April 3, 2007
The parents of MU football player Aaron O'Neal, who died of viral meningitis during a voluntary practice in July 2005, will have to resubmit their claims against 14 individuals involved with athletics programs in order to continue pursuing their lawsuit.
Thirteenth Circuit Court Judge Gary Oxenhandler ruled March 27 that because the defendants are members of various organizations, the plantiffs' roles must be described individually following a motion from Hamp Ford, the defense attorney representing all 14 defendants.
"There are 14 defendants, all of whom appear to hold separate employment positions," Oxenhandler stated in the court order. "However, in its extensive pleading, nowhere have the plaintiffs defined which requirements, guidelines or procedures apply to any of the defendants individually."
The motion also affirms the defense demands that the plaintiffs strike several phrases from the lawsuit. The phrases to be struck refer to O'Neal as "the dying student athlete" and quote a paramedic who referred to individuals present on the day of O'Neal's death as "two assholes."
According to the order, the amendments must be made within 30 days of the date the order was handed down.
O'Neal collapsed and later died during a preseason voluntary workout with the Tigers on July 12, 2005. O'Neal was a freshman linebacker for the team who graduated from Parkway North High School in St. Louis.
In August 2005, O'Neal's parents filed suit against 14 individuals, including MU football coach Gary Pinkel. Other individuals implicated in the suit include Greg Nagel and Pat Beckmann, who are MU athletic trainers. Director of Sports Medicine Rex Sharp was also implicated.
The original lawsuit filed by O'Neal's family stated O'Neal visibly struggled through drills during practice and had trouble physically completing the final ones. The statement also states that O'Neal collapsed in full view of coaches and trainers present.
The family alleges that no coaches or trainers made an effort to assess O'Neal's physical state or to call for further help until after he was carried into the training room by another teammate, according to the lawsuit.
Columbia attorney Robert Blitz is representing O'Neal's family in the lawsuit.
Blitz could not be reached for comment by the time of publication.
