The four defendants, Southwestern Oklahoma State University, Chet Pobolish, Jared Jackson and Julian Washington, have filed for dismissal in a negligence case involving a former SWOSU football player.
The defendants each claim SWOSU was insufficiently served with a summons to appear in court.
Court records indicate SWOSU President Dr. Randy Beutler was served July 29.
SWOSU claims, “Serving a summons and petition by hand-delivery to the attention of Southwestern Oklahoma State President is insufficient to satisfy the statutory requirement entitling the Southwestern Oklahoma State University to dismissal without prejudice.”
Pobolish, Jackson and Washington, in each of their requests for dismissal, claims “The petition contains no allegations any of the individual defendants’ actions and/or omissions were outside the scope of their employment with the university. In the absence of such allegations, the individual defendants all are entitled to immunity from suit.”
A negligence lawsuit was filed December 9 against Southwestern Oklahoma State University following an incident in February 2018 where a football player, Skye Singleton, suffered irreparable brain damage, according to the petition filed with the Custer County District Court.
The petition was filed by plaintiffs Skye Singleton and Yolanda Singleton. Skye was a member of the 2018 SWOSU football team. Yolanda is listed as Skye’s “next friend” in the petition. Pobolish, Jackson and Washington were all three football coaches at the time of the incident.
Parties are due back in court October 5 for a motion docket.