Bryan Ailey, a former OU student and scholarship football player, has filed a civil suit against the OU Board of Regents and former football head coach Howard Schnellenberger.A petition filed by Ailey's attorneys said Schnellenberger "willfully and intentionally ignored recognized safety precautions with respect to the prevention of heat-related illnesses to student athletes."The petition also states that Schnellenberger failed to comply with NCAA, Big 8 and other medical standards for heat-stroke prevention.The lawsuit asks for an unspecified amount of actual damages in excess of $10,000 from each defendant, as well as attorneys' fees and court costs.Lawyers representing Ailey are Stanley Ward, Patrick Chesley and Maribob Lee of Norman and David Garrett and Jared DeSilvey of Muskogee.The petition states that on Aug. 11, 1995, Ailey collapsed at the university Athletic Department weight room as a result of severe dehydration that led to heat stroke.The petition also states that Ailey was denied water and other fluids while practicing in extreme heat and humidity and was required to continue exercising until he collapsed.After being released from the hospital, Ailey was "verbally harassed by Schnellenberger for not being able to return to football practice," the petition states.At the time, Ailey was still under the care of a physician and had not been released to return to football practice, the petition states.The regents were also included in the lawsuit because they were "aware of Schnellenberger's practices and procedures with respect to water and fluid deprivation and the injuries that Schnellenberger's actions caused" to Ailey."However, Defendant University failed and refused to take actions to protect Plaintiff and thereby ratified Schnellenberger's actions," the petition states.Schnellenberger, who resigned as OU football head coach in 1995 and was replaced by John Blake, declined to comment on the lawsuit.OU Regent Melvin Hall said that because the regents have not met since the lawsuit was filed, he was not aware of the lawsuit.Although a number of Ailey's medical bills have been paid by OU, Ailey's lawyers are also seeking compensation for mild brain damage and psychological problems caused by the incident, Garrett said.Garrett also said he tried twice to receive compensation from OU without taking the issue into court -- once through the president's office and once by a governmental tort claim through the regents.Both claims were denied, Garrett said.Kim Hefty, OU press secretary, said the university is unable to comment on the pending litigation.A similar case had been filed in Cleveland County Courthouse on Aug. 9, 1996.The case was dismissed by the plaintiff on Aug. 8 of this year and refiled the same day.Garrett said he would not comment on the reason behind the dismissal.Ten summons were sent on the original case, though the Cleveland County Courthouse did not have the names of the people summoned.In the current filing, two summons have been issued.The Cleveland County Court Clerk's office said summons have been filed and delivered to Schnellenberger and Chris Purcell, executive secretary to the OU Board of Regents.Garrett said if an entity is sued, a summons is delivered to the secretary of that entity, explaining why Hall was not aware of the lawsuit.Ailey first approached Garrett about one year ago to discuss the injuries that occurred as a result of the incident, Garrett said.Stanley Ward declined to comment and has instructed the other attorneys in the office to not comment on the case.hello there & you too
