A pre-trial date has been set for August 20, for a negligence case involving Southwestern Oklahoma State University.
Discovery for the case must be completed by June 21, additional parties and amended pleadings must be filed by March 1, preliminary lists of witnesses and exhibits, which will include all expert witnesses, will be required by March 1, a final list of witnesses and exhibits for the case must be filed by May 21, and dispositive motions must be filed by July 2. A trial date for the case has yet to be determined.
Judge Jill Weedon dismissed the case against Jackson, Washington and Pobolish, after the attorney for plaintiffs Skye and Yolanda Singleton said, “I believe we missserved.”
SWOSU’s attorney, Charles A. Dickson III, asked for a motion to dismiss the case against Jackson, Washington and Pobolish because the allegations were outside of the scope of their employment. Judge Weedon granted the dismissal of the three coaches from the lawsuit. The case however was left open for a reserve.
The Office of the Risk Management Administrator of the Office of Management and Enterprise Services as well as Oklahoma Attorney General Mike Hunter were both served in late November.
During an attorney date November 9 it was said there is a possibility many witnesses could be summoned for the trial.
A negligence lawsuit was filed December 1, 2019, against the university following an incident in February 2018 where a football player, Skye Singleton, suffered irreparable brain damage, according to the lawsuit 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.
According to the lawsuit, Skye became ill with cold and flu-like symptoms in February 2018 as a result of the “loss of heat” in his dormitory. Despite his alleged illness, Skye was made to participate in a team workout session.
Skye reported to the SWOSU Wellness Center for the team workout where he experienced cardiac distress and lost consciousness. According to the petition, the Wellness Center was either not equipped with a portable defibrillator (AED) or it was not used on Skye. In addition, SWOSU coaches and staff allegedly failed to perform CPR on Skye.
When the ambulance arrived on scene, Skye was given medical care, but, by that time the loss of oxygen had already caused “irreparable brain damage” to Skye’s brain, according to the petition.
Following initial medical care, Skye was taken to a medical facility in Oklahoma City. He is reported to be in a long-term care facility near his home in Texas. The petition said Skye’s brain injury is “catastrophic and permanent” due to the lack of oxygen. He is unable to live independently and will require “around-the-clock care” for the rest of his life, according to the petition.