• The KillerFrogs

Listenbee Lawsuit Update 3/19/2018

H0RNEDFR0G

Full Member
Wow...I’m speechless. So much I don’t like about this response I don’t know where to begin. Unless CGP threatened to revoke his scholarship or CGP went against doctors advice I’m not sure how Listenbee has a case against TCU. I mean, where do you draw the line? What constitutes “pressure?” Huge can of worms here. Of course, lawyers love cans of worms...they feed off them.

Pretty sure that if docs clear you to play and you refuse to play the appropriate response is to revoke the scholarship.
 

Spike

Full Member
I do not know how often or how much content the Forum wants updates so I'll try and keep it to a Nutshell version unless I get a specific question.

Important Note: Tarrant County does not have online access to their public court filing like Dallas County. So unless I get in my car and drive to FW to the District Courthouse and visit a special room in the District Clerks office, I cannot update you folks on the TCU v. Listenbee lawsuit that is ongoing in Tarrant County outside the pleadings that are attached to the Dallas Court filings.

Also note, TCU sued Listenbee first on January 30, 2018 at 7:31 p.m. THIS IS A VERY IMPORTANT FACT BECAUSE IT SHOULD GIVE THE 153rd DISTRICT COURT IN TARRANT COUNTY DOMINANT JURISDICITION OVER THE ISSUES ARISING OUT OF LISTENBEE'S ALLEGATIONS.

In Tarrant County, TCU sued Listenbee seeking certain "declarations" regarding Listenbee's claims. Mainly, the Tarrant County lawsuit is to determine whether or not the Texas Medical Malpractice Act applies to TCU (who does not practice medicine) and to declare that substantially all the events complained of occurred in Tarrant County.

In Dallas County, Listenbee filed his lawsuit on January 31, 2018 at 2:33 p.m. TCU (including CGP, Trustees, other coaches, CDC, Meacham), filed their Motion to Transfer Venue (to Tarrant County), Plea in Abatement (lawyer speak for TCU saying time out and put the game on hold until we work out what court is in charge), and, in a separate filing, an Original Answer and Special Exceptions to Listenbee's Petitions. Special Exceptions are complaints that the facts pleaded are not sufficient to give "fair notice" of what legal theory is being asserted to support Listenbee's causes of action.

The Big 12 has filed a Plea in Abatement (basically saying what are we doing in this party) and an original answer (denying everything).

Nothing has been set for a hearing on the Pleas in Abatement, Motion to Transfer Venue, or the Special Exceptions (which can result in the dismissal of the case).

All of the lawyers representing TCU, Big 12, etc. are very, very, good.

Interestingly, the treating physicians have not yet filed an answer (I did not review the citation histories to determine when their answer date is set - maybe today).

My take, this is a medical malpractice case that will probably be tried (if at all) in Tarrant County. TCU, members of the TCU Board, Coaches, CDC, and Big 12 will probably get out on a Motion for Summary Judgment or similar motion.

I'll post updates if Wes and the Forum wants to know the current events.

I have a password for the Tarrant County District Courts online. PM me and I will send you the pleadings on file.
 

Spike

Full Member
My take, this is a medical malpractice case that will probably be tried (if at all) in Tarrant County.

We are out of my world here, but if they can find liability against the doctors, medical personnel etc could they tie in the school by an agency theory?

Not sure how GP would be liable individually, but does he still have to pay for a lawyer?

How much is it going to cost these other entities to lawyer up and do enough discovery to get to summary judgment?
 

Froglaw

Full Member
We are out of my world here, but if they can find liability against the doctors, medical personnel etc could they tie in the school by an agency theory?

Not sure how GP would be liable individually, but does he still have to pay for a lawyer?

How much is it going to cost these other entities to lawyer up and do enough discovery to get to summary judgment?

TCU has no duty because private universities, board members, coaches, conferences, athletic staff, and employees cannot practice medicine.

Also, absent a physician, nurse, or medical facility and patient relationship there can be no duty as a matter of law.

Chapter 74 of the Texas Civil Practices and Remedies Code is the sole legal vehicle for recovery under a medical malpractice theory in Texas.

Absent someone physically assaulting KL, there is no legal duty under Texas law.

The injections and treatment of KL were performed by independent contractors who had licenses to practice medicine or operate a medical facility.

There is no cause of action in Texas for calling someone a "faker".
 

PurplFrawg

Administrator
Not an attempt to hijack the thread...but as a retiree, I've had time to go down to the county courthouse and sit through several trials. Watching the process has been extremely interesting, and the time periods when the jury has gone off to deliberate turned into BS sessions between the District Judge and the attorneys. I've been pleasantly surprised at how friendly and informative the lawyers have been when asked questions about their strategy and research. Since the judge is a friend, we generally go to lunch, and that is also an interesting perspective. I wish more people had the time and inclination to watch the legal process in a court; I'm usually the only one watching.
 

Frog-in-law1995

Active Member
Not an attempt to hijack the thread...but as a retiree, I've had time to go down to the county courthouse and sit through several trials. Watching the process has been extremely interesting, and the time periods when the jury has gone off to deliberate turned into BS sessions between the District Judge and the attorneys. I've been pleasantly surprised at how friendly and informative the lawyers have been when asked questions about their strategy and research. Since the judge is a friend, we generally go to lunch, and that is also an interesting perspective. I wish more people had the time and inclination to watch the legal process in a court; I'm usually the only one watching.

Does this judge have a rose bowl helmet on the bench?
 

YA

Active Member
Not an attempt to hijack the thread...but as a retiree, I've had time to go down to the county courthouse and sit through several trials. Watching the process has been extremely interesting, and the time periods when the jury has gone off to deliberate turned into BS sessions between the District Judge and the attorneys. I've been pleasantly surprised at how friendly and informative the lawyers have been when asked questions about their strategy and research. Since the judge is a friend, we generally go to lunch, and that is also an interesting perspective. I wish more people had the time and inclination to watch the legal process in a court; I'm usually the only one watching.
Must be in Tarrant County that this occurred. In Dallas County everyone is typically in cage match mood even in recess, same for Collin County.
 

Deep Purple

Full Member
Must be in Tarrant County that this occurred. In Dallas County everyone is typically in cage match mood even in recess, same for Collin County.
This is what my son says. Tarrant County courts and lawyers are typically friendly and collegial. Dallas County courts and lawyers are cut-throat and "Do unto others before they do it unto you."
 

Spike

Full Member
Must be in Tarrant County that this occurred. In Dallas County everyone is typically in cage match mood even in recess, same for Collin County.

I did traffic tickets my first 6 months. Being the rookie I would get the random one off courts that we didn't always go to, frequently in Dallas County. Noone was terribly rude but everyone was off in their own little world, dressed to the 9s but playing on their blackberrys (I just dated myself). The prosecutor in Duncanville gave me a strange look when I went to shake his hand. OTOH you go to most of the Tarrant County Courts it's like old home week, everybody is visiting while they wait their turn. I was like dang they should serve beer, this is a party.
 

PurplFrawg

Administrator
The Judge is Allan Garrett, 33rd District. Super good guy and extremely fair. We are fortunate to have him as well as 424th District Judge Evan Stubbs and DA Sonny McAfee. All very approachable, friendly, and good guys.
 

Frog-in-law1995

Active Member
The Judge is Allan Garrett, 33rd District. Super good guy and extremely fair. We are fortunate to have him as well as 424th District Judge Evan Stubbs and DA Sonny McAfee. All very approachable, friendly, and good guys.

Kinda reminds me of Parker County folks. I love getting cases out there. Plus I get to stop at the Malt shop.
 

YA

Active Member
Kinda reminds me of Parker County folks. I love getting cases out there. Plus I get to stop at the Malt shop.
Yep on the Parker County courthouse!! The Malt shop was on the Texas Bucket List show a few weeks ago and the same old lady that has been cooking burgers at that place for 30 years is a hoot.

All the outside counties are good folks, maybe one grumpy old gut in Johnson County that I can think of off the top of my head. But I do love going to the small counties all over the state and bringing out my East Texas personality.
 

Spike

Full Member
All the outside counties are good folks, maybe one grumpy old gut in Johnson County that I can think of off the top of my head.

Are you talking about one of the County Court at Law Judges? I thought he was going to put me in jail for filing a No Evidence Motion for Summary Judgment on a credit card case. He ultimately ruled in my favor.
 
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