Brigham, NCAA named in second Jones suit

By Kari Brackett

Charlie Jones, a former Huskie football player injured during a 1985 practice, filed a second lawsuit in his home state of Michigan against former NIU men’s athletic director Robert Brigham and the National Collegiate Athletic Association (NCAA).

Jones, who lives in Flint, Mich., named football coach Jerry Pettibone as a co-defendant in his first suit which has been put on hold since its April 14th filing.

Kevin Duckworth, Jones’ attorney in the DeKalb case, said he did not want to comment on the reasoning for filing two suits, but he did stress that they were two separate cases.

“I am representing Mr. Jones only in our county,” Duckworth said. “The case is still in progress because of the lawsuit filed in Michigan naming other parties. Within the next week we will have a new file, which will tip off information.”

The law firm of Hamilton and McDonald represents Jones in Genessee County in Michigan. Neither attorney could be reached for comment. Brigham said he had been advised by NIU Legal Counsel George Shur not to comment on the case. Shur also could not be reached for comment.

Jones received a football injury to the neck while playing for the Huskies and alleges there was negligence by the coaches, trainers and physicians. Along with Pettibone, the NIU Board of Trustees, the Bike Athletic company (manufacturers of the helmet worn by Jones) and the distributors of the helmet all have been named co-defendants in the DeKalb case.

During a 1985 spring football practice Jones attempted to tackle a running back head-on. Jones’ head came in contact with the knee of the running back, knocking Jones unconscious. When Jones regained consciousness he complained of severe pain in the neck and upper back area.

John F. Zimmer, M.D., the team physician at the time of the incident and a co-defendant, allegedly turned Jones on his back and assisted the cornerback from the field to the locker room. Jones alleges there was no effort to immobilize his neck. After examination by Zimmer, Jones was told he had no serious injury and could attend night classes with a visit to the physician’s office the next morning.

The suit alleges that Jones was in excruciating pain, and the trainer suggested to the team physician that Jones be taken to the emergency room for observation but Zimmer refused.

After two days, Zimmer took Jones to the DeKalb County Orthopaedics, S.C., for examining. Kornal Balon, M.D., a co-defendant, referred Jones to John B. Mazur, M.D., also a co-defendant, at the Fox Valley Neurologic Institute.

Jones later received a head brace that came loose and caused bleeding from his skull and “excruciating head pain,” the suit charges. Jones has tried to return to school, but, because he still suffers from head pain, he can no longer continue, the suit alleges.

“It appears we have a good case,” Duckworth said. “It appears there was negligence with the doctor on the field as well as the team doctor and the coaches. A broken neck was diagnosed, and he should not have been allowed to walk.”