Defense: Strike O’Neal allegations

An attorney representing the 14 MU athletic department employees accused of negligence in MU football player Aaron O’Neal’s death asked a judge Monday to strike certain allegations from the lawsuit, charging that they were “immaterial and impertinent.”

Hamp Ford, the Columbia attorney representing MU, said one of the conclusions of the lawsuit, which was amended in August 2006, is that O’Neal “was beginning to die at some point” during a voluntary practice on Faurot Field in July 2005.

In a 15-minute statement before Boone County Circuit Judge Gary Oxenhandler, Ford said that such allegations went beyond the “short and plain statement” of fact and dealt with conclusions, opinions and argument.

But one of the attorneys representing the O’Neal family, Jack Bardgett, argued that those conclusions directly relate to the lawsuit and that the motion should be overruled.

“You can’t say everything in a paragraph,” he continued, in rebutting Ford’s call for “short” and “plain” statement of fact. “The death occurred over a period of several hours.”

Monday’s motion hearing centered on the amended lawsuit against MU Athletics Director Mike Alden, MU football coach Gary Pinkel, team medical director Rex Sharp, and 11 other trainers and strength and conditioning coaches. O’Neal, a 19-year-old red-shirt freshman, which means he was eligible to play four years of football although he only had three years of undergraduate study left, died July 12, 2005 after a voluntary practice. Lonnie O’Neal, Aaron O’Neal’s father, filed a wrongful death suit on Aug. 23, 2005. Deborah O’Neal, Aaron O’Neal’s mother, later joined the suit.

The O’Neals’ attorneys filed a request to amend the lawsuit in July 2006. The amended lawsuit alleges that MU failed to identify O’Neal as a carrier of sickle cell trait, an inherited disorder of the red blood cells that affects about 8 percent to 10 percent of the black population. It also alleges that the trait contributed to O’Neal’s death at the July 2005 voluntary practice, the Missourian reported in July 2006.

Some health experts have argued that the trait, which is normally benign, increases the risk of death during strenuous exercise. The NCAA does not require that players be tested for the trait but suggests that voluntary testing be considered.

The NCAA was set to meet in January to reconsider its guidelines on sickle cell trait. No one from the association returned calls Monday about the outcome of that meeting.

Other allegations in the amended lawsuit are that O’Neal told supervising coaches, “I’m telling you, I’m not weak, I just can’t go anymore.” After O’Neal collapsed, according to the suit, another player helped him into the locker room, where an unnamed coach blamed O’Neal for his condition and another coach slapped his face. He was then transported by a landscaping truck to the Tom Taylor Athletic Facility rather than University Hospital, the suit alleges.

The suit also charges that an automatic external defibrillator was improperly used on O’Neal before a trainer called 911.

On Monday, Ford also asked for “a more definite statement,” in the lawsuit about exactly which NCAA rules and regulations were violated after O’Neal collapsed.

“There’s no question that this young man died,” Ford said, “but the question is how any violations constituted a breach of standard of care, or whether this breach caused death or damages. That’s the thrust of the argument.”

“We know that the rules exist,” Ford said. “The point is to specify what each defendant is claimed to have violated.”

Bardgett bristled at the idea that Ford needed more specificity regarding NCAA violations.

“Their objections demonstrate they understand what the allegations are,” he said.

The amount of damages O’Neal’s parents are seeking is not specified in the lawsuit. The case was taken under review by Oxenhandler.