SUPERIOR COURT OF WASHINGTON FOR KING COUNTY
CHUKWUEMEKA MEGWA, An individual, Plaintiff, v.
STATE OF WASHINGTON, d/b/a
UNIVERSITY OF WASHINGTON, an entity of the STATE OF WASHINGTON; and JOHN AND JANE DOES 1-9.
Defendants.
Plaintiff alleges:
No. 24-2-04294-6 SEA COMPLAINT FOR DAMAGES
I. Parties
1.1 At the time of the events alleged herein, Plaintiff Chukwuemeka “Emeka” Megwa was a resident of Seattle, King County, Washington, where he attended the University of Washington as a recruited member of the men’s football team Plaintiff currently resides in Norman, Oklahoma.
1.2 The University of Washington (“UW”) is a public university with its principal place of business located in Seattle, King County, Washington. The conduct and negligence alleged herein relates to UW men’s football coaches and athletic trainers. UW also cares for its athletes through its sports medicine staff and physical therapists
1.3 To the extent this action is one for injuries arising from “health care,” UW is a “health care provider” within the meaning of RCW 7.70 and was duly authorized to provide healthcare services to Plaintiff. There existed a fiduciary healthcare provider-patient relationship between the parties. Defendant State of Washington operates UW, which is an entity, division or agency of the State of Washington. Defendant State of Washington is therefore responsible for the acts and omissions of the UW staff and the policies and procedures of UW.
1.4 John and Jane Does 1-9 are the members or former members of the UW sports medicine staff, football coaching staff, athletic trainers, and physical therapists, who were responsible for Emeka’s care on the dates of the events described herein. They are believed to reside at all material times in King County, Washington.
1.5 The State of Washington acted by and through the actual or apparent authority of its agents, employees, servants, and contractors All acts and conduct of the employees, representatives and agents of UW was by and on behalf of Defendant State of Washington for which the State of Washington is legally liable on the basis of employer/employee, respondeat superior, and or agency or apparent agency.
II. Jurisdiction, Venue, and RCW 7.70 Certification
2.1 The Superior Court of King County, State of Washington, has subject matter jurisdiction over this action pursuant to RCW 2.08.010
2.2 Jurisdiction and venue are proper in and for the Superior Court of Washington, King County because the principal place of business of UW is in King County, Washington and the acts and omissions giving rise to Plaintiff’s claims occurred in King County, Washington.
2.3 Plaintiff declines to submit this matter to arbitration under Chapter 7.70A RCW et seq., and the declaration required by RCW 7.70A.020(2)(a) has been filed contemporaneously with the filing of this Complaint. A copy of the Declaration is attached as Exhibit 1.
2.4 Plaintiff has properly served a tort claim form on the State of Washington and fully complied with all obligations under RCW 4.92 et seq
2.5 This action was commenced within the applicable statutes of limitations.
III. Facts
3.1 In early 2021 UW’s former head football coach Jimmy Lake recruited Emeka, who was a 4-star running back from Fort Worth, Texas. He was 17 years old and was ranked the number 15 athlete in the nation by Rivals.com and the number 20 athlete by 247Sports.com.
3.2 In June of 2021, Emeka suffered an ACL injury while playing football. He underwent left ACL reconstruction in early July. He elected to enroll at UW specifically because UW assured him that the team could manage his rehabilitation.
3.3 In September 2021, Emeka moved to Seattle to continue his rehabilitation under the care of UW physicians, physical therapists, and trainers.
3.4 Dr. Albert Gee at UW Medical Center, who is also team physician for Husky Athletics, oversaw Emeka’s recovery, predicting a 9-12-month recovery period. This meant he would likely begin “full activities including full speed football” between April and July, in time for fall football in 2022.
3.5 Emeka’s rehab was going well in the fall of 2021 because he and the UW football staff were following Dr. Gee’s treatment plan.
3.6 On November 14, 2021, UW fired former head football coach Jimmy Lake, and much of his coaching staff left with him.
3.7 On November 29, 2021, Kalen DeBoer became the new head football coach for UW. He hired a new coaching staff, and the team began off-season workouts.
3.8 At this time Emeka did not have medical clearance from Dr. Gee, or any doctor from UW’s sports medicine staff, to begin participating in team activities.
3.9 Emeka was restricted to side rehab and physical therapy activities. The new coaching staff did not communicate how they would transition or progress his rehab program.
3.10 In early January 2022, despite not having medical clearance to participate in team activities, UW coaches instructed Emeka to participate in a team run and lift.
3.11 Emeka voiced concerns that much of his rehab was being skipped, putting him at risk of reinjuring his knee. UW staff reassured him that he was doing well in his recovery and told him to practice.
3.12 At a January 13, 2022 exam, Dr. Gee noted that Emeka was “doing quite well,” and had two to three months before he could be considered for clearance to play. Dr. Gee noted:
I do not see a rush to get him back anytime soon, I think he will be ready for spring ball but even that I think we will just have to wait and see and I do not think there is a rush. Obviously the target is for him to be 100% by fall camp and I think his timeline is definitely can happen [sic] they are ready to go.
3.13 As winter workouts progressed, UW football coaches and athletic trainers constantly pushed Emeka into team activities without medical clearance.
3.14 At a January 22, 2022 meeting with his athletic trainer, Emeka reported left shin pain along the medial tibial border and posterior tibialis muscle and tendon, in the same leg and area as his ACL reconstruction.
3.15 UW coaches and trainers did not consult with or send Emeka to a physician, despite the fact that UW sports teams have their own physicians, including Dr. Albert Gee. They instead
gave him new tennis shoes.
3.16 On February 1, 2022, UW coaches required that Emeka perform a lateral shuffling drill. While Emeka shuffling to his left, stopping, and pushing off his left knee to the right, he felt a sharp pain at the incision point on his left knee.
3.17 UW staff performed a “quick on-field evaluation” and determined that “all ligaments including ACL felt stable.”
3.18 UW coaches and trainers did not consult with or send Emeka to a physician. They told Emeka he could continue running but without change in direction or lateral movements.
3.19 During the entire month of February Emeka reported that he had sharp knee pain and swelling to trainers and coaches. The trainers and coaches convinced Emeka to take painkillers and to continue the workouts.
3.20 During workouts, UW coaches repeatedly berated and ridiculed Emeka in front of the team because he could not fully participate in workouts, or finish workouts because of his pain. They called him a “pussy” and yelled, “Drop your fucking nuts and get on the fucking line, that’s some pussy ass shit!”
3.21 On February 22, 2022, Emeka expressed that while he could perform changes in direction, he did not want to “push it sooner than he should be.” Again, without consulting any doctors, the trainers told him to continue training
3.22 Around the same time, UW coaches told Emeka to do deep squatting exercises with weights. During the weighted squats exercise, Emeka was in significant pain and reported it to the coaches and trainers. Again, they did not consult with or send Emeka to a physician.
3.23 By the first week of March 2022, Emeka’s knee pain had progressed to the point that he could not run.
3.24 On March 7, 2022, Emeka met with Dr. Gee and had an MRI scan which confirmed that Emeka suffered another left ACL tear, with new medial and lateral meniscus tears.
3.25 Emeka would undergo a revision of his left ACL reconstruction with his original surgeon in Texas, this time with autograft from his right quadriceps.
3.26 After finding out this news UW football no longer wanted Emeka and at his spring exit meeting, a UW coach told him to enter the transfer portal because he could not play.
3.27 Emeka transferred to the University of Oklahoma where he would miss the entire 2022 football season because of this injury.
3.28 In 2023, Emeka required ongoing surgical treatment of his knee. He only played two games and carried the ball once during the season.
3.29 As a direct and proximate result of the negligence of Defendants, Emeka suffered a left ACL tear, with medial and lateral meniscus tears
IV. Liability – Medical Negligence & Negligence
4.1 As healthcare providers, Defendant and its employees owed Emeka a duty to comply with the standard of care of the profession to which they belong.
4.2 Defendant State of Washington, through UW and its agents, employees, servants, and contractors, as well as John and Jane Does 1-9, was negligent by failing to exercise the degree of care, skill, and learning expected of a reasonably prudent physician, physical therapist, or trainer in the State of Washington acting under the same or similar circumstances. This negligence proximately caused Emeka’s harms and losses.
4.3 Defendants had a duty to use ordinary care in relation to Emeka’s recovery and participation in football activities. WPI 10.01; Kirk v. Washington State University, 109 Wn.2d 448, 746 P.2d 285 (1987). Defendants failed to use reasonably care by among many acts and
omissions repeatedly ignoring and acting against the advice of physicians, failing to seek medical advice, and inappropriately assuming the role of a healthcare provider. This negligence was a proximate cause of Emeka’s harms and losses.
4.4 The physicians, physical therapists, trainers and coaches were acting within the scope and course of their agency or employment with the State of Washington at the time of the negligence described herein, and the State of Washington is vicariously liable under the doctrine of respondeat superior.
V. Damages
5.1 As a direct and proximate result of the aforesaid negligence of Defendant and its agents and employees, Emeka suffered economic and non-economic damages, including an ACL tear and medial and lateral meniscus tears These damages include, but are not limited to, past and future healthcare expenses; and the pain, suffering, anxiety, humiliation, emotional distress, disability, disfigurement, and fear of reinjury experienced by Emeka and to be experienced in the future.
5.2 Plaintiff has incurred other damages to be proven at the time of trial. This negligence proximately caused Emeka harms and losses.
VI. Notice
6.1 Pursuant to RCW 5.60.060(4)(b), Plaintiff elects to waive the patient-physician privilege. This waiver is effective 89 days after the filing date of this lawsuit.
6.2 Plaintiff waives the patient-physician privilege only to the extent necessary to allow Defendant to proceed with formal discovery pursuant to Washington Superior Court Civil Rules unchallenged by objections based upon patient-physician privilege.
6.3 Defendant is not to contact any treating physician, past, present, or subsequent, including treating healthcare persons either directly or indirectly, without first notifying counsel for the Plaintiff so that Plaintiff’s counsel might bring the matter to the attention of the Court and seek appropriate relief, including imposing limitations and restrictions upon any desire or intent by Defendant to contact past or subsequent treating physicians ex parte, pursuant to the rule announced in Loudon v. Mhyre, 110 Wn.2d, 675, 756 P.2d 138 (1988) and reaffirmed in Smith v. Orthopedics International Limited, 170 Wn.2d 659, 244 P.3d 939 (2010).
VII. Prayer for Relief
WHEREFORE, Plaintiff prays for judgment against Defendants, jointly and severally, as follows:
1. For special and general damages in amounts to be proven at trial;
2. For costs and disbursements;
3. For attorney fees;
4. If Defendants bring any frivolous or unfounded defenses, for attorneys’ fees and costs pursuant to RCW 4.84.185 and/or Rule 11 of the Superior Court Civil Rules;
5. For statutory interest on the judgment from the date judgment is entered until paid in full;
6. For prejudgment interest on the special damages;
7. For prejudgment interest on liquidated damages;
8. For such other and further relief as the Court may deem just and equitable.
DATED this 26th day of February, 2024.
STRITMATTER KESSLER KOEHLER MOORE
/s/Andrew Ackley___________
Andrew Ackley, WSBA #41752
Fred M. Rabb, WSBA #56336
Attorneys for Plaintiff
3600 15th Ave W Ste. 300 Seattle, WA 98119 (206) 448-1777
DECLARATION OF CLIENT REGARDING VOLUNTARY ARBITRATION
I hereby declare, subject to perjury under the laws of the State of Washington, the following:
1.The undersigned is the Plaintiff in the lawsuit of Megwa v. State of Washington, et al., King County Cause No. No. ______________________.
2.I have read the provisions of the Voluntary Arbitration Act.
https://app.leg.wa.gov/rcw/default.aspx?cite=7.70A
3.My attorneys have answered my questions about the Act.
I hereby elect to:
[
X ] Opt out of the Voluntary Arbitration Act and try my/our case to a jury.
[ ] Opt into the Voluntary Arbitration Act recognizing there is a $1 million limit on any recovery.
Dated: Client – Chukwuemeka Megwa