Abram's Family Files Lawsuit Agains Ole Miss
The family of Bennie Abram, an Ole Miss football player who died after an offseason workout, has served the University with a Notice of Claim, a statutory prerequisite to filing a lawsuit against a public entity in Missouri such as Ole Miss. Abram collapsed during a February, 2010 workout and died six hours later. An autopsy determined that his death was caused by complications involving sickle cell trait (“SCT”).
SCT primarily affects African-Americans, and during periods of high exertion, athletes with the trait must exercise caution. The letter from the Lanier law firm of Houston, Texas, claims that Ole Miss failed to follow NCAA guidelines for monitoring athletes with SCT. The Lanier law firm settled a similar case against the NCAA on behalf of the family of a Rice player with SCT in 2009, which led to the NCAA mandating testing for SCT.
The letter from the Lanier firm goes far beyond what information Mississippi law requires a Notice of Claim to contain. It is obviously designed to paint Ole Miss and its coaching staff in a negative light through the media. However, if some of the allegations are true, Ole Miss could be legally liable for Abram’s death. Abram’s family must show that Ole Miss departed from the standard of care that it was required to follow for athletes with SCT.
On the other hand, just because Abram died during a football workout does not make Ole Miss or anyone else responsible. Assuming Abram was advised of his diagnosis (and there is no indication he wasn’t), he chose to play football, an inherently intense sport. If the coaching staff followed NCAA guidelines and the applicable standard of care, it satisfied its duty to Abram. The issue of whether the parents were notified of the diagnosis (they are not entitled to that information without Abram’s permission), how the University treated Abram’s parents or responded to the death, and where the coach was while Abram was in the hospital, have nothing to do with the cause or contributing factor(s) to his death.
It should be noted that Missouri caps the damages that the University can be responsible for at $500,000. This would not apply to any other defendants who are not University employees, as the limitation applies only to public entities/employees.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.