Houston's Edwards Files Suit Against Marshall University and Conference USA

Houston - University of Houston receiver Patrick Edwards filed a lawsuit Tuesday against Marshall University and Conference USA in the circuit court of Kanawha County in Charleston, West Virginia.

The lawsuit was filed because of injuries Edwards received, and medical problems he may have in the future, after he ran into a metal cart at the back of the end zone when the Cougars played the Thundering Herd October 29, 2008 at the Marshall University football field, Joan C. Edwards Stadium.

Edwards broke his right leg in two places. A surgical procedure was used to place a rod in his leg.

"When somebody sees the injury Patrick suffered, if he was a horse they would have shot him." said S.Scott West, Edwards Houston-based attorney, in an interview with FOX 26 Sports.

According to the lawsuit "Patrick Edwards sustained career-threatening and damaging orthopedic injuries when he encountered an equipment cart carelessly placed and left just beyond the end zone and within feet of the field limit lines."

Because of the two-year statute of limitations, Edwards had until October 29, 2010 to file his lawsuit.

"I don't know what my future holds, but I had this injury and I feel like this is the right thing to do to protect my rights and my future," Edwards said in an interview with FOX 26 Sports.

His lawsuit cites an excerpt from the NCAA Football Rules and Interpretations:

"All markers and obstructions within the playing enclosure shall be placed or constructed in such a manner as to avoid any possible hazard to players."

The lawsuit alleges: "Marshall University, Conference USA, and/or Gil Gelbke were individually and/or collectively negligent."

The lawsuit also names Gelbke, the game's referee, as a defendant.

"You don't in a million years expect to run into an equipment cart so close to the limit lines of the field and when Patrick hit that his future was threatened and even orthopedic doctors that have recently seen Patrick don't yet know what his future holds," said West.

In 2009 Edwards finished third on the Cougars in receptions (85), receiving yards (1021) and receiving touchdowns (6).

West said the fact that Edwards had a successful season in 2009 after bouncing back from the injury and the surgical procedure, doesn't guarantee him anything in the future from a medical point of view.

"Not too terribly long ago Patrick started experiencing some pain and some problems in his leg, in the affected leg that he had not had before," West said. "Two years, while it's a long time if you're holding your breath, it's not a long time as far as the growth of the body and how the bones heal. So we don't yet know how he's going to respond to this in a year, two years, in five years. That's a medical question."

West said attempts to settle the lawsuit with the school and the conference did not yield positive results.

"Our attempts to discuss Patrick's situation with them and their accountability for Patrick's injury came to a standstill to where I felt like it was the best strategic move for Patrick to go ahead and file the lawsuit, because just as his teammates protect him on the field, I'm here to protect him in the courtroom," said West.

There is no specific dollar amount requested in the lawsuit because West believes "that's the purview of the jury. I will argue to the jury what I believe is an appropriate amount for the damages, but we don't yet know, because the medical testimony is not yet in on that issue, and we don't yet know how he's going to be affected in his NFL pursuits which is where he's headed."

"We want Patrick's damages evaluated," said West. "We don't want any more or any less than what he's entitled to under the law.

"We want him to be compensated for how he's been affected and we fully intend to pursue that until the cows come home."

Edwards lawsuit point outs "the damages sought are within the jurisdictional limts of this Court and do not exceed $1,000,000.00 for the insurance limits maintained by the Defendant Marshall, but as to the remaining defendants, the amount of damages will be determined by the jury."

Conference USA issued a statement about the lawsuit through Courtney Morrison Archer, assistant commissioner/Public affairs.

"We are aware of the lawsuit and have advised our attorneys. It was an unfortunate accident and we are glad that Patrick has recovered so well from it. We will have no further comment regarding ongoing litigation."

Marshall University declined comment.

"We cannot comment on impending litigation," wrote David Wellman, director of communcications for the school, in an e-mail to FOX 26 Sports.