School system wants monetary information for Fraleys' lawsuit

Dec. 28, 2012 @ 03:36 PM

The Chapel Hill-Carrboro City Schools wants to know how much money the family of Atlas Fraley has received in payments from any lawsuits related to his death in 2008.
An attorney is scheduled to argue that point in Orange County Civil Superior Court on Jan. 7 during a hearing about the lawsuit the Fraleys filed against the school system and Chapel Hill High School football coach Isaac Marsh.
Fraley was 17 and a student at Chapel Hill High School when he died after an August football scrimmage in 2008. His parents, Malinda and David Fraley, first filed a lawsuit against Orange County EMS and paramedic James Griffin claiming that Griffin violated protocol when Fraley called 911 asking for help because he was cramping severely and was dehydrated.
Fraley told the 911 dispatcher and Griffin that he had a previous similar experience, and told them he recovered after receiving fluids through an IV. He asked for an IV. Instead, Griffin examined Fraley, told him to drink more fluids and then left him alone at his home. He did not contact Fraley’s parents.
When the Fraleys came home from work later that day, they found their son dead on their living room floor.
The lawsuits against Orange County EMS and Griffin were settled out of court.
After those were settled, the Fraleys filed a lawsuit in August against the Chapel Hill-Carrboro City Schools and Marsh, claiming the school system and the coach were negligent because they knew that their son had collapsed from dehydration in 2007 after a football practice and required emergency medical treatment for that condition.
In their lawsuit, they claimed that David Fraley spoke to Marsh about his son’s condition after the 2007 incident, his symptoms and the need for Marsh to monitor Fraley’s condition and provide fluids for him during practices and games. Marsh assured David Fraley he would always provide fluids, but on the day of the scrimmage at an Apex school, no fluids were available for the Chapel Hill team, the lawsuit claims.
The lawsuit also stated that Fraley was in obvious distress, complaining of headache and cramping during the scrimmage and that he laid down on the ground, but that the coach did not take appropriate action by either calling for medical help or contacting Fraley’s parents.
In a motion filed by the school system on Nov. 30, it asks that a judge order the Fraleys to provide discovery, and that discovery is a list of “each and every settlement payment made to them,” from other lawsuits or settlements.
In the motion, it stated that the Fraleys have refused to comply with the discovery request on the grounds, “that it is not relevant to the lawsuit and not reasonably calculated to lead to discovery of admissible evidence in the trial of the case.”
The school board “is plainly entitled to the information,” the motion states.
The motion claims that any damages awarded to the Fraleys from the school system “must be offset by any and all payments pursuant to the settlement agreement” in the lawsuit against EMS and Griffin.
The information could establish that the Board is entitled to full or partial dismissal of all claims against it or a full or partial summary judgment, the motion states.