Ohio University has asked the court to drop a lawsuit that claims head baseball coach Rob Smith's negligence led to career-ending injury.
In response to a lawsuit filed on Oct. 2, Ohio University has asked the Court of Claims to drop the case filed by former Ohio baseball player RyLee Rogers.
Rogers is suing the university for $25,000 after he claimed that negligence by Ohio baseball coach Rob Smith caused him to re-injure a torn labrum in his shoulder, ending his baseball career.
In the answer filed on Monday, OU claimed Rogers’ own negligence caused the injury.
Rogers claimed in the original lawsuit that he started to feel “excruciating pain” in his right arm after he caught bullpen sessions for several alumni pitchers in an exhibition game in 2013.
According to the original lawsuit, Smith assigned Rogers to be the bullpen catcher for the annual varsity-alumni game, which required Rogers to make an "excessive amount of throws."
The response filed by the university denied that he ever caught that day.
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OU also claims the lawsuit should be dropped on account that the lawsuit took place outside the statue of limitations and that Rogers had signed a waiver of release.
The response from the university claimed 13th defenses to the original lawsuit.
Rogers first tore his labrum in 2012 and re-tore it in the exhibition game in October 2013. Rogers played under Smith from 2012-13 seasons.
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