The Red and Black

Issue date: 7/24/08 Section: News

Complaint in U.S. District Court

State Court suit filed by Sherita King

An insurance company filed a complaint in federal court asking not to compensate the University in response to a lawsuit filed by a former Georgia track star alleging negligence by the University .

Sherita Antionetta King filed suit in Athens-Clarke County State Court in April seeking compensation from the University for a spinal injury she sustained after her former coach, Rob Livingstone, told her to train on new fitness equipment, according to court documents obtained by The Red & Black.

The University sought "defense and indemnification" from the Essex Insurance Company in the King lawsuit. But after an investigation, Essex "has no obligation to defend, indemnify or otherwise pay any defendant or plaintiff in connections with the allegations of that suit," the company stated in U.S. District Court documents filed July 10.

The federal suit is in response to an incident in November 2003 while King was as a member of the track team.

King was attending a routine workout with Livingstone one morning when, at the end of her workout, he advised her to work on new equipment. She was required to perform "step-up" exercises with a weighted barbell, the documents state. While using the new machine, King lost her balance and fractured her spine when the barbell hit her back. She had two surgeries to correct a fracture, according to court documents.

"Coach Livingstone failed to provide [her] with proper instruction as to how to properly utilize the new machinery," the documents state.

In response, the University's lawyers argue King knew the risk of training and improving her fitness on the new machine.

"Plaintiff assumed the risk of her injury and the Plaintiff was properly instructed, trained, supervised in the performance of step-up exercises and with regard to weight room safety in general," University lawyers wrote in response to King's lawsuit.

She received proper instructions and close supervision while performing her exercise and had experience in weight training, according to court documents.

During her junior and senior years in high school, she took weight training courses daily and performed every task that required lifting barbells from every position, the University's attorneys argued.

In addition, King had a spotter while she performed her exercises with weights. When she entered the University in the fall of 2000, King learned how to properly lift weights and work out in the weight room.

One of the specific rules that was instructed to her was while she performed step-ups, it was mandatory to have a spotter supervise her. The University said King did not always have a spotter while she did her step-up exercises.

"Despite knowing that it was a rule to have a spotter behind her while performing step-up exercises, Sherita King did not always use a spotter while performing step-up exercises," the University replied in the documents.

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