Parents of Bigfork football player sue over death
By AMY BETH HANSON - Associated Press - 08/21/08
The parents of a Bigfork High School student who died a week after collapsing during football drills filed a lawsuit against the school on the one-year anniversary of his death.
Bob and Theresa Bowman said their son, Jeffrey Bowman, 17, was allowed to practice football last fall without their permission and without an athletic physical required by the Montana High School Association.
The lawsuit, filed Wednesday in federal court in Missoula, also alleges the Aug. 13 practice was held in hot weather on a smoky day, and that coaches did not give their son prompt medical care or use the school's defibrillator on him after he collapsed while running.
''Top doctors have told us ... that it was the football practice that caused Jeff to collapse, and that Jeff would have been saved by the school's defibrillator,'' the Bowmans said in a statement.
Jeffrey Bowman died Aug. 20 at a Kalispell hospital.
A message left with the school district's attorney seeking comment was not immediately returned. Bigfork Superintendent Russ Kinzer said he had not seen the lawsuit and could not comment. The lawsuit names the school district along with football coach Bruce Corbett and former athletics director Shannon Smith individually and as school employees. Smith said he couldn't comment on the lawsuit on the advice of school district attorneys. A phone listing for Corbett could not be found.
The lawsuit said the school district should have required the defibrillator be readily available at athletic events and required coaches and teachers to know how to use it. The defibrillator was in the lobby of the gym, school officials said.
The district, Bowman and Smith should have made sure that no child participated in sports without their parents' permission or proof of an athletic physical, and that the practice should not have been held on such a hot, smoky day, the lawsuit said.
The school's investigation determined the school did not have an adequate system in place to keep track of which students had turned in physical forms, but said the coaches responded appropriately, starting CPR after Bowman collapsed.
The investigation did not address whether practice should have been held given the temperature and smoke in the air from nearby wildfires.
The lawsuit seeks damages, in an amount to be determined at trial, for medical expenses, Jeffrey's pain and suffering and lost earnings along with funeral expenses and the emotional distress his parents suffered.
Bowman had enrolled in Bigfork High School in November 2006 and was entering his senior year at the time of his death.
Last year, the Montana High School Association fined Bigfork High $50 and reprimanded the school for allowing Bowman to practice without turning in proof he'd undergone a physical exam required for participation.
Bob and Theresa Bowman said their son, Jeffrey Bowman, 17, was allowed to practice football last fall without their permission and without an athletic physical required by the Montana High School Association.
The lawsuit, filed Wednesday in federal court in Missoula, also alleges the Aug. 13 practice was held in hot weather on a smoky day, and that coaches did not give their son prompt medical care or use the school's defibrillator on him after he collapsed while running.
''Top doctors have told us ... that it was the football practice that caused Jeff to collapse, and that Jeff would have been saved by the school's defibrillator,'' the Bowmans said in a statement.
Jeffrey Bowman died Aug. 20 at a Kalispell hospital.
A message left with the school district's attorney seeking comment was not immediately returned. Bigfork Superintendent Russ Kinzer said he had not seen the lawsuit and could not comment. The lawsuit names the school district along with football coach Bruce Corbett and former athletics director Shannon Smith individually and as school employees. Smith said he couldn't comment on the lawsuit on the advice of school district attorneys. A phone listing for Corbett could not be found.
The lawsuit said the school district should have required the defibrillator be readily available at athletic events and required coaches and teachers to know how to use it. The defibrillator was in the lobby of the gym, school officials said.
The district, Bowman and Smith should have made sure that no child participated in sports without their parents' permission or proof of an athletic physical, and that the practice should not have been held on such a hot, smoky day, the lawsuit said.
The school's investigation determined the school did not have an adequate system in place to keep track of which students had turned in physical forms, but said the coaches responded appropriately, starting CPR after Bowman collapsed.
The investigation did not address whether practice should have been held given the temperature and smoke in the air from nearby wildfires.
The lawsuit seeks damages, in an amount to be determined at trial, for medical expenses, Jeffrey's pain and suffering and lost earnings along with funeral expenses and the emotional distress his parents suffered.
Bowman had enrolled in Bigfork High School in November 2006 and was entering his senior year at the time of his death.
Last year, the Montana High School Association fined Bigfork High $50 and reprimanded the school for allowing Bowman to practice without turning in proof he'd undergone a physical exam required for participation.
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Reader Comments:
purple wrote on Aug 21, 2008 7:18 AM:
" "vmanolovits"
The high school I attended had a very strict policy regarding students having to get physicals before a student was allowed to participate in "any" athletic activity.
As stated in the article, the school failed to track who and who did not have permission or determining who and who had not received the required physical exam, yet you blame the parents.
Until Mr. Bowman had provided proof, to the school, that he had received the required physical, the school "should have" barred him from even practicing with the team -- in that the school was negligent.
The coach and his staff, at the very least, should have been terminated on the spot for failing to ensure only those athlete whom had passed a physical be allowed to practice.
Common sense should have been enough to ensure that outdoor physical activity [football practice, etc.] was cancelled during high temp days and when air quality was poor, yet it seems common sense was NON-EXISTENT. And to think these are the same folks we entrust our children to provide an education to.
Granted the money the family receives will never compensate for their loss, but the $ 50 fine levied against the school was a slap on the wrist when it is compared to a death. Just compensation is due to the family for their pain and suffering. I hope they make millions off of the school district. They should also file suit against the state's Office of Public Instruction, since they "supposed to" oversee the many school systems throughout the state.
Maybe a $ 100 MILLION settlement and permanent termination of the principle, the school administrator, and the coach and barring them from employment at any school in the state will finally get someone's attention that incompetence by our educators will no longer be tolerated. "
The high school I attended had a very strict policy regarding students having to get physicals before a student was allowed to participate in "any" athletic activity.
As stated in the article, the school failed to track who and who did not have permission or determining who and who had not received the required physical exam, yet you blame the parents.
Until Mr. Bowman had provided proof, to the school, that he had received the required physical, the school "should have" barred him from even practicing with the team -- in that the school was negligent.
The coach and his staff, at the very least, should have been terminated on the spot for failing to ensure only those athlete whom had passed a physical be allowed to practice.
Common sense should have been enough to ensure that outdoor physical activity [football practice, etc.] was cancelled during high temp days and when air quality was poor, yet it seems common sense was NON-EXISTENT. And to think these are the same folks we entrust our children to provide an education to.
Granted the money the family receives will never compensate for their loss, but the $ 50 fine levied against the school was a slap on the wrist when it is compared to a death. Just compensation is due to the family for their pain and suffering. I hope they make millions off of the school district. They should also file suit against the state's Office of Public Instruction, since they "supposed to" oversee the many school systems throughout the state.
Maybe a $ 100 MILLION settlement and permanent termination of the principle, the school administrator, and the coach and barring them from employment at any school in the state will finally get someone's attention that incompetence by our educators will no longer be tolerated. "
vmanolovits wrote on Aug 21, 2008 6:51 AM:
" I can't imagine the pain of losing a child and I pray this family will find peace. However, What is their role as parents in this sad event? They should have said No to the football participation or had their son into the doctor's office for the physical. I'm sure they would have never imagined that this would have happened, therefore let their son participate. Why is it we put so much responsibility on our school system, when we don't require it of ourselves. Do you know think that it's much easier for parents to keep track of one child then it is for one person to keep track of 15 - 20 kids? We are becoming our own worst enemy when we sue for every bad thing that happens to us. Our schools cannot afford this?. Will the money make it better or bring him back. No.... "
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HelenaMT wrote on Aug 21, 2008 12:59 PM: