Ramsey's Law Suit Dismissed Without a Trial

[LegalEagle 22]

I still wish him the best.

http://www.al.com/sports/index.ssf/2011/02/judge_dismisses_ramseys_lawsui.html

A federal judge on Monday awarded a summary judgment to a former Auburn trainer accused by former Auburn football player Chaz Ramsey of mismanaging his rehabilitation plan.

U.S. District Judge Myron Thompson dismissed Ramsey's lawsuit one week before a jury trial was scheduled in Opelika. Stephen Heninger, Ramsey's attorney in Birmingham, said he plans to appeal to the Eleventh Circuit Court of Appeals in Atlanta.

Ramsey, once a promising offensive lineman who made the All-SEC freshman team, claimed he reinjured his back in 2008 due to mistakes by Arnold Gamber, Auburn's trainer at the time. Ramsey suffered a career-ending injury while doing weighted exercises he said shouldn't have been in his plan while rehabbing after back surgery.

Thompson ruled there is no direct evidence that Gamber ordered those exercises for Ramsey, or that there was a "chain of command" among Auburn medical officials that would make Gamber, now Texas Tech's trainer, liable for the injury.

Ramsey contended that Auburn team physician Michael Goodlett often communicated medical instructions first to Gamber, who then relayed them to strength and conditioning coach Kevin Yoxall. Goodlett noted on his medical chart a day after the workout in question his displeasure at Gamber for allowing the activities in question to occur.

Thompson wrote in his opinion that both Gamber and Goodlett stated that Gamber did not supervise Yoxall, and that Yoxall managed the weight room independently.

"True, Gamber admitted that, if he and Yoxall differed regarding the exercises a recovering athlete should perform, Gamber's own recommendations would control over Yoxall's," Thompson wrote.

"But there is no evidence that the circumstances that led to Ramsey's re-injury resulted from a disagreement between Gamber and Yoxall. Therefore, Gamber and the weight-room staff did not have the employment relationship necessary to hold Gamber liable for their conduct."

Goodlett testified he thought he saw a written rehab plan created by Gamber and Yoxall the week before Ramsey reinjured himself. The document was never produced in the case. Ramsey contended the plan's absence suggested Gamber ordered weighted exercises contrary to Goodlett's instructions of a more limited approach.

Ramsey testified he questioned in the weight room why he was required to do weighted box squats, and an unidentified weight-room assistant told him they were on his list. Thompson ruled the assistant's statement is inadmissible hearsay.

More importantly, Thompson wrote, the assistant's statement did not prove that Gamber authored whatever was on the rehab plan. Thompson added that Ramsey didn't prove the rehab plan was lost or destroyed in bad faith by anyone, much less Gamber.

Arnold Gamber.jpgFormer Auburn trainer Arnold Gamber, who is now Texas Tech's trainer.

"Gamber was terminated from his position at Auburn University in January 2009 for reasons unrelated to this litigation, and he left behind all documents related to athletes at Auburn," Thompson wrote. "These records did not belong to Gamber, and it would have been inappropriate for him to retain them."

Heninger said he is "disappointed" with the court ruling and doesn't understand Thompson disagreeing with Ramsey's contention of the medical chain of command at Auburn.

"It doesn't make sense to me because Gamber is the one who admitted he's in charge of the rehab plan and he has to have Goodlett's approval," Heninger said. "We showed that Goodlett testified that he never saw the completed plan and didn't see it until after Chaz was hurt. That's when he wrote the note in the chart that he was really upset with Gamber. No one could explain why the plan was lost."

Key Ramsey, Chaz's father, said his son might file a lawsuit against different defendants in Mississippi, the family's home state. The father said attorneys have told him state laws in Mississippi regarding missing documents could help a new case.

Chaz Ramsey, who is scheduled to graduate from Auburn in May, was not made available for comment.

Gamber's Montgomery-based attorney, John Smith, said his client had no comment about the dismissal.

E-mail: jsolomon@bhamnews.com

Twitter: twitter.com/jonsol

[aucanucktiger 1,863]

I haven't been following this case but did Ramsey also name Goodlet, Yox & AU in the suit? If not they may have blown it.

[mcgufcm 4,109]

It's all just kind of sad. He really had a ton of potential. He probably would've been starting for the team this year since he was already ahead of Isom and Berry when they were Freshmen. Regardless, it's always sad to see a young guy lose his football career.

That said, this is a loser of a lawsuit. I wish the family would stop wasting money. Even if they win, how in world do you prove damages? He didn't lose his scholarship until he chose to transfer. No damages there. He won't get pain & suffering. Are the damages really based on "if he was starting back then, he would've made the NFL"? Really? They're never going to see money from this; they're just wasting it on attorneys (and this coming from an attorney). It's a hurt family looking for someone to tell them they were right and other people were wrong.

[AUBURNJAC 53]

It sounds to me like someone in the weight room made a mistake. In my opinion Ramsey should at least get his day in court.

[mcgufcm 4,109]

But why? Why waste his time, his parent's money, the court's time, and the jury's time if you can't come up with a plausible way to prove the case or value the loss? It's a sad situation, but not every tragic occurrence should end up in court.

[Proud Tiger 4,261]

I don't know if he still is but Ramsey was working at the Oyster Bar in Auburn awhile back. If he can do that, it's hard to show permanent back damage. It's sad to see this since he has "Auburn" tatooed on his BACK.

[AUBURNJAC 53]

But why? Why waste his time, his parent's money, the court's time, and the jury's time if you can't come up with a plausible way to prove the case or value the loss? It's a sad situation, but not every tragic occurrence should end up in court.

I see your point, but my point is that if someone made a huge mistake in the weight room that caused his injury to be lifelong or career ending, then shouldn't he be compensated for that?

[Grumps 3,706]

But why? Why waste his time, his parent's money, the court's time, and the jury's time if you can't come up with a plausible way to prove the case or value the loss? It's a sad situation, but not every tragic occurrence should end up in court.

I see your point, but my point is that if someone made a huge mistake in the weight room that caused his injury to be lifelong or career ending, then shouldn't he be compensated for that?

Maybe the person who mad a huge mistake in the wieght room was Ramsey.

[OldNewby 27]

Chaz Ramsey, who is scheduled to graduate from Auburn in May, was not made available for comment.

I'm sorry about his injury, but am glad Chaz is earning his degree at Auburn.

[AU alum 2]

But why? Why waste his time, his parent's money, the court's time, and the jury's time if you can't come up with a plausible way to prove the case or value the loss? It's a sad situation, but not every tragic occurrence should end up in court.

Sometimes you just need closure even if it costs money to your family.

[AU alum 2]

But why? Why waste his time, his parent's money, the court's time, and the jury's time if you can't come up with a plausible way to prove the case or value the loss? It's a sad situation, but not every tragic occurrence should end up in court.

I see your point, but my point is that if someone made a huge mistake in the weight room that caused his injury to be lifelong or career ending, then shouldn't he be compensated for that?

Maybe the person who mad a huge mistake in the wieght room was Ramsey.

But what if it wasn't? I agree he should keep on trying for some kind of compensation if someone else caused it.

[quietfan 233]

I wish Ramsey the best and hope he has a great life.

...but I'll also be glad to see this part of the story over.

[Mike4AU 1,755]

Ramsey's atty is very good and has stated that he will file an appeal. Who knows where that may go.

[mcgufcm 4,109]

I guess my point is: what did he really lose? Odds are, he wasn't going to play in the NFL. There's just no way to prove otherwise. No way to monetize the loss. He didn't lose his scholarship. As far as I know, he didn't have a follow-up back surgery, and if he did, I'm guessing Auburn's athletic department footed the bill just like it did with the first operation. He lost a chance to play college football. That's very, very sad. It just isn't a basis for a lawsuit. If all it was costing was his family's money, sure. Let them air their grievances. But that's not all it's costing. Trials are expensive for the other side and for the State. I hope this gets resolved as soon as possible.