1N THE DISTRICT COURT FOR JOHNSON COUNTY LOWE, DOCKET so. {Viv Q7 (9:29.5q I i I F3, Plaintiff, if? et: as; of ?6 PETITION AT LAW a: AND c: STATE OF JURY DEMAND an: ,i 1. eats-h Defendant. 1:2? are: lb.) 933 Plaintiff William Lowe is a resident of Cleveland, Cuyahoga County, Ohio. The actions that are the basis of this lawsuit occurred on or about January 20, 2011 at ?The Bubble? lbotball practice facility utilized by the University of Iowa Football program in lows City, Johnson County, Iowa. Plaintiff William Lowe brings this cause of action against the State of lowa pursuant to IOWA Clown Chapter 669. Git-January 18, 2013, Plaintiff William Lowe timely ?led his tort claim with the State Appeal Board. After more than six months of inaction by the State Appeal Board on said claim, Plaintiff ?led notice on January 16, 2014 with the State Appeal Board removing his claim from consideratirm. Plaintitt"s suit against the State of Iowa is ?led Within the time period permitted by CODE 669.13. The University of lowa, including its Athletics Department and Football Team, was at all times relevant hereto a ?state agency? as de?ned in IOWA CODE with its principal place of business in Johnson County, lowa and it employed coaches, athletic FT-TI-EB DD HDEHHDP ?q THEE trainers, agents, intems, residents and others to coach Football and provide athletic training, health care and related services. a. At all times material hereto, the State of'lowa operated the University of lowa, including its Athletics Department and Football Team in lowa City, Iowa. 7. All allegations herein as to Defendant State of town reler to acts or omissions by the coaches, athletic trainers, agents, interns, residents, and others employed by, or aetin on- behalf of, the University ol'lowa, ineludin its Athletics Department and {la-t. ,s -v . . agc- as an 8' In January 201 Wllh?m LOWC was a. member ol the of ?Tl-Imp gosh-3. Football Team. lama-i" f-?E?f 9 In late January 201 l, mandatory off scason football training, which included the .3, cg 10. On January 20, 20'] 1, Plaintiff William Lowe and other members of the Football Team participated in the first team sanctioned mandatory intensive workout, focusing on large lower body muscle groups. 11. Following the initial January 20, 201 1 team sanctioned mandatory intensive workout, Plainti and other'rnembers of the Iowa Football Team experienced and reported substantial leg pain and stiffness as well as abnormally dark urine. - 12. The leg pain and stiffness experienced and reported by Plaintiff and other members of the football team was atypical and significantly greater than normal post workout muscle fatigue and soreness. 13. On January 21, 201 1, despite the reports of substantial leg pain and stiffness as well as abnormally dark urine, Plaintiff William Lowe and other members of the Iowa Football ass 'i?a ar:st at?tt?Ea oo HosHHor Eatssaasts ?a russ ssa res. 'l?earn were required to participate in another team sanctioned mandatory intensive workout, focusing on upper body muscle groups. 14. On January 24, 2011, after taking the weekend off, another team sanctioned mandatory intensive workout for the Iowa Football ?l?eam took place, even though Plaintiff and other team members continued to report extreme pain in their lower body and abnonu ally dark . 3' urine. a gal . 15. On January 24, 20] l, Planitih? was hospitalized at University of Iowa llospit Clinics (hereinafter and diagnosed with exertional rhabdornyolysis. 13} as I ink. ?lldl a" 16. Plaintiff was released from Ull?lC on February 2, 201 and on the same day was ?53, {p use cyaluated at the lIlC. Renal/Hypertension Clinic with continued lower body pain and was diagnosed with acute renal failure with severe elevation in his ereatine values that were related back to the rhabdomyolysis diagnosis. Defendant knew or should have known that the subject team sanctiOned workouts carried with them an unreasonable and unnecessary risk of signi?cant bodily harm, including rhabdomyolysis. 18. Following the rhabdoinyolysis diagnosis, Plaintiff experienced sudden and unexpected weight loss, continued pain in his lower back and lower body region, headaches and high blood pressure over the next several months. 19. Plainti l'f never returned to the University of Iowa Football Team. 20. Defendant State ol'lowa, through the actions of its coaches, athletic trainers, agents, interns, residents and others, was negligent in the followin particulars: a. Failure to properly supervise and monitor Plaintiff during high intensity workouts, 'Elr'i' :?cI Hli'ElI DD ml 1'135 39.1 Fox. F?x b. Failure to offer prompt and proper medical care and referrals in response to Plaintiff and other team member?s reports of severe pain and other c. Failure to refrain from aggravating Plaintiff?s injury by requiring additional participation in high intensity workouts alter initial reports of pain and other d. Developing and implementing a dangerous and improper training program; and e. Other unspecified acts of negligence. 21. As a result of the negligence of the State of Iowa, Plaintiff suffered physical and mental hann, including rhabdomyolysis, acute renal failure, headaches, high blood pressure, anxiety, depression as well as injury to his legs, back and other parts of his body. 2.2. The negligence of the Defendant State of Iowa is the cause of the injuries and damages sustained by Ptaintit'fWilliam Lowe and said injuries and damages would not have happened except of the negligence of the Delendant. 23. The injuries and damages sustained by Plaintiff William Lowe are within the scope of the Defendant?s liability and said injuries and damages arose from'the same general types of danger that Defendant should have avoided through safe and proper athletic training and supervision. 24. As a result of his injuries, Plaintiff William Lowe has in the past and will in the future suffer mental and physical pain and anguish, loss of function, disability, loss of earnings and earning capacity, loss of enjoyment of title and injuries to other parts of his body and has been made in the past and will in the future incur expense for medical care and therapy, hospitalixation, surgeries, drugs, medicine, and other remedial treatment for said injuries. 9.35 :5d 511:5": HI-II-EB DD ml 1'135 39.1 25. Pursuant to Iowa Code 619.31, Plaintiff certi?es the prayer for relief exceeds applicable jurisdictional requirements for the amount in controversy. WHEREFORE, Plainti?" William Lowe prays for judgment against Defendant State of" Iowa. in an amount which will fully and completer compensate him for his damages, and [or interest thereon provided by law, and for costs of this action. JURY DEMAND Plaintt?'hereby demand a to al by jury. ?in? LP- - I - urt JOSEPW- 0'02634 gag-.7: BRIANP. UALLIGAN mucosa-n a? cannons RELD so. at ?553 . The Plaza. Suite 5 300 Walnut Street 933.335: ?iv- .iv Des Moines. Iowa, 50309-2239 ?ux. "Telephone: (515) 2823333 ?363 Facsimile: (513)2s2?031s 5' Email: galli gan@,galliganlaw. com MICHAEL Sr L.L.C. SIB F. National Rd Vandalia, OH Telephone: (937) 435-9999 Facsimile: (937) 222?791 1 Email: ATIORN ETS FOR :?cI 511:5": HI-II-EB DD ml 1'135 39.1