7 te, Case 2:19-cv-00439-UA.NPM Document 34. Filed 09/16/19 Page 1 of 30 PagelD 188 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION LAURIE ALICE GIORDANO, individually, and as Personal Representative of the Estate of ZACHARY TYLER MARTIN-POLSENBERG, Plaintiff, CASE NO,: 2:19-ev-00439 THE SCHOOL BOARD OF LEE COUNTY, FLORIDA, JAMES DELGADO, individually and in his official capacity, and LEE COUNTY EMS, through LEE COUNTY, a Political Subdivision of the State of Florida Defendants. I AMENDED COMPLAINT COME NOW, the Plaintiff, LAURIE ALICE GIORDANO, individually and as Personal Representative of the Estate of ZACHARY TYLER MARTIN-POLSENBERG, and hereby files this Amended Complaint against the Defendants, THE SCHOOL BOARD OF LEE COUNTY, FLORIDA, JAMES DELGADO, individually and in his official capacity, and LEE COUNTY. EMS, through LEE COUNTY, a Political Subdivision of the State of Florida, and alleges as follows: THE PARTIES iff, LAURIE ALICE GIORDANO, individually and as Personal Representative of the Estate of ZACHARY TYLER MARTIN-POLSENBERG (hereinafter “Plaintif), isa resident of Lee County, Florida, and is entitled to bring this action asthe personalCase 2:19-cv-00439-UA-NPM Document 34 Filed 08/16/19 Page 2 of 30 PagelD 189 Page 2 of 28 Amended Complaint representative of Zachary Tyler Martin-Polsenberg’s estate. COUNTY. FLORIDA (hereinafter 2 Defendant, SCHOOL BOARD OF “SCHOOL BOARD” or the “SCHOOL BOARD") is a public-school district located in Lee County. Florida, and is operating as a corporate body under authority of the Florida Legislature pursuant to Fla, Stat. § 1001.40 er seg. 3, Defendant, JAMES DELGADO (hereafter “DELGADO") resides in Lee County, Florida and is sued individually and in his official capacity as head football coach for school organized and managed Riverdale High School (hereinafter “RIVERDALE HIGH"), by the School Board. sAWRISDICTION 4, Federal question subject matter jurisdiction is conferred upon this Court pursuant to 28 U.S.C. §1331 because Counts One and Two below are brought pursuant to 42 U.S.C. §1983, ‘This Court has Supplemental subject matter jurisdiction over the remaining Counts of this Complaint pursuant to 28 U.S.C. §1367. VENUE 5. Venue is proper before this Court pursuant to 28 U.S.C. §1391(b), ALLEGATIONS COMMON TO ALL COUNTS 6. At approximately 7:00 a.m. on June 29, 2017, a healthy ZACHARY TYLER MARTIN-POLSENBERG (hereinafter “ZACHARY") arrived at RIVERDALE HIGH for summer football practice. 7. ZACHARY had a statutory right to be safe while engaged in school activites such as the summer football practice on June 29, 2017. Fla, Stat. § 1002.20, _Case 2:19-cv-00439-UA-NPM Document 34 Filed 08/16/19 Page 3 of 30 PagelD 190 Page 2 of 28 Amended Complaint 8 “The SCHOOL BOARD was charged with the responsibility of providing for the safety and well-being of ZACHARY while he was engaged in summer Football practice on June 29, 2017. Fla, Stat. § 1003.02 policies and rules 9. HOOL BOARD was required to adopt programs, to ensure the safety and well-being of ZACHARY, and to prohibit activities that might threaten nis safety and well-being when he atended the summer football practice on June 29,2017. Fl Stat. § 1001.43. 10. Finally, the Fourteenth Amendment of the United States Constitution protects school children, like ZACHARY. “fom state-oceasioned damage to their bodily integrity” and deprivation of life. Roventini v. Pasadena Independent School Dist. 981 F.Supp. 1013, 1018- 19 (S.D. Tex. 1997), citing Doe v. Taylor Indep. Sch. Dist, 15 F-34443, 450-51 (S*Cir, 1994). 11, The great emphasis, however, on competitive high schoo! football in Southwest Florida and Lee County conducted by the SCHOOL BOARD, DELGADO, and in Florida high known throughout the nation. schools in general 12. Inthe present case, the emphasis on football iruining and victories over safety led directly to the tragic heat-induced collapse, coma, and eventual death of ZACHARY that began on the RIVERDALE HIGH practice field on June 29, 2017, 13, ZACHARY reported to summer football practice at RIVERDALE HIGH at 674" tall and 320 Ibs., but was only 16 years old when he fell into a heat-induced coma on June 29, 2017, eventually resulting in his tragic death on July 10, 2017. 14. ZACHARY never regained consciousness from his collapse on June 29, 2017 and died on July 10, 2017. 15. DELGADO was conducting football practice on June 29, 2017, pursuant toCase 2:19-cv-00439-UA-NPM Document 34 Filed 08/16/19 Page 4 of 30 PagelD 194 Page 2 of 28 ‘Amended Complaint policies, rules, and regulations of the SCHOOL BOARD. 16. DELGADO chose, and the SCHOOL BOARD approved, to conduct summer football practice in June 2017 when they knew or should have known that, duc 0 the heat and weather conditions in June in Southwest Florida, the football practice they had planned would create an extremely serious risk of harm to ZACHARY and the other players 17. Furthermore. DELGADO chose, and the SCHOOL BOARD approved, 10 ‘conduct such practice in the heat of June in Southwest Florida, without having available ice packs, immersion tubs, or other medical equipment necessary 10 reat heat-related injuries. 18 Unfortunately, as the events of June 29, 2017, would unfold, DELGADO consciously violated vinually every standard and regulation issued by the Florida High Schoo! [Athletic Association (FSHAA) for heat acclimatization, medical emergencies and precautions that should be taken during football practice in hot weather. Ja, RIVERDALE HIGH is a member of the Florida High School Athletic “association that establishes rules, regulations and protocols by which RIVERDALE HIGH and other member high schools are governed. 20, FHSAA Policy 41 sets forth the requirements for acclimatizing student athletes to the hot weather experienced in Florida 21, Pursuant to FHSAA, the purpose and intent of the heat acclimatization requirements of Policy 41 is to “follow a preseason acclimatization and recovery model for all sports that enhances student-athlete well-being.” FHSAA Policy 41.2. 2a Policy 41 provides regulations for conducting preseason practices and recommendations for voluntary workouts to be applied before and during the academic school year. FHSAA Policy 41.2.1 and 41.2.2.Case 2:19-cv-00439-UA.NPM Document 34 Filed 08/16/19 Page 5 of 30 PagelD 192 Page 2 of 28 Amended Complaint 2. The regulations and recommendations in Policy 4 are the minimum standards to be followed by high schools and coaches. 2A, The SCHOOL BOARD and DELGADO violated FHSAA Policy 41, by act oF ‘omission, in ways including but not limited to the following: a. FHSAA Policy 41.3.2 i Official Practice. An official practice is defined as one continuous period of time in which a participant engages in physical activity. It is required that each practice be no more than three hours (3 hours) in length and consist of no more than 90 minutes of intense exercise, Warm-up, stretching, and cool-down activities are to be included as part of the official practice time, All conditioning and/or weight room activities shall be considered part of the official practice beginning on the first calendar day of official sport season. b. FHSAA Policy 41.4.3 i Acclimatization Period. This policy requires coaches and schools to acclimatize their student-athletes for hot-weather participation in sports activities. ¢. FHSAA Policy 41.5 i Rest time should involve both unlimited hydration intake and rest without any activity involved. For every 30 minutes of practice, there must be a minimum S-minute rest and hydration break. i Thearea identified for rest should be considered a “cooling zone” and out of direct sunlight. This area can include ice sponges, cold immersion tubsCase 2:19-cv-00439-UA-NPM Document 34 Filed 08/16/19 Page 6 of 30 PagelD 193 Page 2 of 28 ‘Amended Complaint and other cooling alternatives to facilitate the cooling process, ix Coaches should promote a heat injury preventions philosophy by promoting unrestricted access to water at all times without consequence ¥. student-athlete should never be denied access to water if he/she requests. 25, The SCHOOL BOARD failed to adopt or enforce proper safety requirements to prevent ZACHARY from suffering from heat exhaustion/stroke during the summer football practice on June 29, 2017, or if they did adopt such safety requirements, adopted @ policy or custom of failing to enforce such rules, or of requiring their coaches, such as DELGADO, to follow such requirements. 26. After ZACHARY arrived at RIVERDALE HIGH at approximately 7:00 a.m. on June 29, 2017, DELGADO subjected ZACHARY to an intense football practice to promote discipline with grossly unreasonable content, length, and timing, beginning at or about 7:00 a.m. and continuing for nearly 4 hours, and concluding with sprints known as “never-ending” sprints while the temperature reached above 90 degrees as is common in June in Southwest Florida. 27. On information and belief, the SCHOOL BOARD, knew, and approved of such Jong practices being conducted by DELGADO iin the intense heat of June in Southwest Florida. 28 On information and belief, it is common knowledge among football coaches that the heat is substantially increased, and hydration is required during extensive outdoor exercise in Southwest Florida in June. 29. During the practice, DELGADO did not properly hydrate ZACHARY and the other players at the football practice during the hot and humid Southwest Florida summer. 30. Throughout the practice on June 29th, DELGADO failed to provide ZACHARY adequate amounts of water for hydration and further failed to provide ZACHARY adequateCase 2:19-cv-00439-UA-NPM Document 34 Filed 08/16/19 Page 7 of 30 PagelD 194 Page 2 of 28 Amended Complaint ‘medical care on the RIVERDALE HIGH practice field. 31 Towards the end of the football practice on June 29, 2017, after having endured a long and grueling 3 hours of practice, DELGADO subjected ZACHARY to unreasonably sprints to promote discipline and dangerous conditioning drills known as “never-ending” conditioning. 32. The “never-ending” sprints required ZACHARY and the other student-athletes to run sprints that initially increase in yardage up to 100 yards, then decrease in yardage, with only a few seconds of rest between sprints 33. Such drills were conducted in the stifling 90-degree heat of the June day in Lee County. Florida, 34. Furthermore, at the time the sprints began, DELGADO had not given ZACHARY and the other players access to water for nearly 45 minutes. 35. Each drill required ZACHARY, after having conducted three hours of weightlifting exercises, running and positional drills, to run sprints without stopping and without hydration breaks between sprints. 36. During the drills, ZACHARY and other players showed signs of heat exhaustion, heat stroke, and dehydration, and pled with DELGADO to allow them to have water, 37. DELGADO, however, denied the pleas for water by ZACHARY and the other players, 38. DELGADO threatened to “kick” ZACHARY and the other players off the team if they stopped the drills to get water. 39. DELGADO was overheard saying to ZACHARY and other players who asked for water, “If you walk off to get water, you walk off the team.”Case 2:19-cv-00439-UA-NPM Document 34 Filed 08/16/19 Page 8 of 30 PagelD 195 Page 2 of 28 Amended Complaint 40, ZACHARY showed obvious signs of heat exhaustion, and at the end of the sprints had to be helped by other players to the huddle at the end of practice. 41, Just after 10:30 am. on June 29, 2017, afer 3.5 hours of practice, while in the team huddle before DELGADO, ZACHARY collapsed due to heat exhaustion, heat stroke and dehydration and became incoherent 42. ___Even after collapsing, neither DELGADO nor any other adults or coaches rendered aid to ZACHARY for several minutes. 43. After ZACHARY collapsed. he began convulsing, vomiting and became incoherent, all of which are obvious signs of heat exhaustion and heat stroke, 44 Even after ZACHARY collapsed and was showing obvious signs of heat stroke and exhaustion, DELGADO failed and refused to call 911 and provided no proper medical attention to ZACHARY. 45. A player came from the field to inform Plaintiff that her son, ZACHARY, “was down", and Plaintiff made her way to the field with no indication of the crisis. 46. There she saw ZACHARY collapsed and showing obvious signs of heat stroke and exhaustion. Upon learning that no one had called 911, she demanded DELGADO call 911 which he finally did. 41, When DELGADO called 911 he intentionally downplayed the severity of the situation and failed to inform the 911 operator that ZACHARY’S condition was urgent, substantially increasing the time it took for EMS to arrive. To the contrary, DELGADO calmly told the 911 operator that ZACHARY was “fine.” 48, The first responders were from Fire & Rescue who arrived at 10:52 a.m., and because they were led to believe there was no emergency, they arrived with no means by whichre Case 2:19-ev- 2:19-ev-00439-UA-NPM Document 34 Filed 08/16/19 Page 9 of 30 Pagel 196 Page 2 of 28 Amended Complaint to transport ZACHARY to the hospital 49, Fire & Rescue stayed for 21 minutes during which time they provided no lifesaving measures such as the “Cool First, Transport Second” method wherein they would move @ person out of the sunshine and into air conditioning, and apply fee packs oF immerse & person in a cold-water immersion tub. 50. Eight (8) minutes later EMS arrived and walked to the field without a stretcher or any type of equipment with which to provide medical atention to ZACHARY. SI, Inaheat stroke, every minute is erucal 52. EMS also failed o utilize the “Cool First, Transport ‘Seeond” method and did not even attempt to cool ZACHARY down. 53, Atte time of his collapse, ZACHARY received no competent medical atte or supervision—even though immediate medical attention is essential for treatment of heat exhaustion, heat stroke and dehydration. 58, ‘The SCHOOL BOARD and DELGADO failed to provide ice packs, immersion tubs or other equipment/supplies by which 10 treat ZACHARY while awaiting the arrival of EMS. 55, There was no trainer or health care professional present onthe practice fields, as required or as should be required by football coaching standards, at the time ZACHARY collapsed. 56. The SCHOOL BOARD had failed to train DELGADO and the other staff and coaches how to treat players who suffer from heat exhaustion, heat stroke and dehydration. 51, At the time ZACHARY collapsed on the sideline of the practice field, DELGADO continued to hold his huddle meeting with the other players within a few feet from ee es (Case 2:19-cv-00439-UA-NPM Document 34 Filed 08/16/19 Page 10 of 30 PagelD 197 Page 2 of 28 Amended Complaint ZACHARY and failed to tend to ZACHARY. 58, DELGADO continued the team meeting in lieu of tending to the health and well- being of ZACHARY. 59, _ZACHARY’s temperature had risen to 107 degrees and he fell into a heat- induced coma on the way tothe hospital, from which he never recovered consciousness. 6, Fornearly two weeks LAURIE GIORDANO, and ZACHARY’S father watched their son battle for his life. 61. ZACHARY died on July 10, 2017 due to complications related to heat exhaustion/stroke suffered on June 29, 2017. 62, The death of ZACHARY was caused, without limitation, by the dangerous content, length, and timing ofthe RIVERDALE HIGH football practice; the failure to aclimatize ZACHARY to the hot weather practice; the failure to provide adequate amounts of water for hydration: the intentional conduct of DELGADO in denying ZACHARY water/hydration when he and other players complained they needed water; the threat by DELGADO to punish players should they drink water during the “drills”; the failure to provide ZACHARY competent medical attention or supervision on the RIVERDALE HIGH practice field; the delay of competent medical attention on the practice field due to DELGADO’S failure to notice the obvious signs of heat stroke/exhaustion ZACHARY was exhibiting; the dangerous drills required atthe end of practice {in 90 degree weather while ZACHARY showed signs of heat exhaustion and urgently needed water and immediate cooling the failure of DELGADO to respond to ZACHARY and obtain vital medical treatment; and the callous lack of attention from DELGADO for the health and safety of ZACHARY. 63. The extremely dangerous acts and omissions of DELGADO were consciously permitted due to a lack of, and failure to enforce, safety policies by the SCHOOL BOARD, as required by law, where the custom of competitive high school football took precedence over and bhCase 2:19-cv-00439-UA-NPM Document 34 Filed 08/16/19 Page 11 of 30 PagelD 198 Page 2 of 28 ‘Amended Complaint constituted a deliberate indifference to the health and safety of ZACHARY. 4. DELGADO’s acts, and lack thereof, were not reasonable, and violated ZACHARY’S clearly established constitutional and statutory rights to be subjected to a safe environment while at summer football practice and not to be denied basic, known rights, such as hydration while exercising in the intense Southwest Florida heat in June. DEPRIVATION OF LIFE BY DELGADO 65. Plaintiff re-alleges and re-asserts the allegations in paragraphs | through 64 as if fully set forth herein. 6. DELGADO was conducting football practice on June 29, 2017, under the color of Florida state law and owed a constitutional and legal duty to ZACHARY to provide a safe and adequate football practice environment. 67, Anunusually serious risk of harm to ZACHARY and the other players existed at the June 29, 2017, summer football practice, given the timing, length and content of the practice planned by DELGADO. 68 DELGADO had actual knowledge of this serious risk of harm, but was willfully blind to the risk and failed to take obvious steps to protect ZACHARY DELGADO consciously placed fielding a winning football team as more important than the health and safety of ZACHARY. 7. DELGADO showed a conscious indifference to, and callous disregard for, the health and safety of ZACHARY in his operation of the summer football practi ‘on June 29, 2017, and in their attention to ZACHARY’s medical health and safety needs in at least the following respects: Conducting an extremely dangerous football practice lasting longer than the: Case 2:19-cv-00439-UANPM Document 34 Filed 08/16/19 Page 12 of 30 PagelD 199 Page 2 of 28 Amended Complaint recommended 3 hours: b. Conducting an extremely dangerous football practice lasting into the hotter and more humid hours of the late morning; c. Conducting an extremely dangerous football practice that required ZACHARY to run “never-ending” sprints after nearly 3.5 hours of practice with little to no breaks between the sprints; 4. Conducting an extremely dangerous football practice that required the players to run “never-ending sprints” without having had water for atleast 45 minutes: ‘e. Conducting an extremely dangerous football practice that required ZACHARY to run “never-ending” sprints after nearly 3.5 hours of practice, and without permitting ZACHARY to drink water during the sprint; f. Failing to acclimatize ZACHARY to football practice in the hot and humid Florida summer; Failing o provide reasonably adequate hydration for ZACHARY during the practice; Intentionally denying hydration to ZACHARY during the never-ending sprints; i. Failing to notice the obvious signs of heat exhaustion/stroke exhibited by ZACHARY; |. Failing to provide a reasonably adequate medical care and supervision on the practice field: k. Requiring ZACHARY to perform unreasonably dangerous conditioning drills without hydration;Case 2:19-cv-00439. 10439-UA-NPM Document 34 Filed 08/16/19 Page 13 of 30 PagelD 200 Page 2 of 28 Amended Complaint 1 m, Intentionally denying hydration to ZACHARY and the other players: Threatening to punish ZACHARY and other players in ZACHARY'S presence by kicking them off the team if they got water during the drills; Punishing players by forcing all players in the group to repeat sprints when & player was unable to finish or “fell out” while running; acclimatization and hydration of student-athletes: Failing to have a “cooling zone” with ice packs, cold-water immersion tub, or any other method of cooling down student-athletes suffering from heat exhaustion, heat stroke and dehydration; Failing to have a method for he and his staff to ensure student-athletes were properly hydrated; Failing to call 911 immediately when ZACHARY began exhibiting signs of heat exhaustion/stroke: Failing to inform the 911 operator: of the urgency of ZACHARY’S condition ‘and willfully downplaying the severity of ZACHARY'S condition; Failing to provide any immediate medical care and supervision to ZACHARY on June 29, 2017, after he became ill on the practice football field and instead holding a team meeting in plain view while ZACHARY was down and in obvious distress; Failing to familiarize himself and his staff of the signs of heat exhaustion, dehydration, and heat stroke in student-athletes; Failing to familiarize himself and his staff with the methods of treatment ofCase 2:19-cv- ¢v-00438-UA-NPM Document 34 Filed 08/16/19 Page 14 of 30 PagelD 201 Page 2 of 28 ‘Amended Complaint student-athletes sfering from heat exhaustion heat stoke and dehydration; «w, Failing to have any medical staf or trainers on the Feld during practice; 71. DELGADO'S conduct, particularly in intentionally denying hydration 10 ZACHARY and the other players, was arbitrary inthe sense that he acted in an unrestrained and with absolute power in denying ZACHARY and the other Players water, and in fact threatening them with punishment ifthey drank water during the sPrinis 72. DELGADO's conduct was willful, malicious and shocking to the conscious in cers hydration served no purpose in developing better that denying ZACHARY and the other P yy other legitimate reason. and student-athletes. building a better football ream, OF for an) unreasonably placed them at a risk of serious Inlury and death 73. Furthermore. DELGADO's conduct vjotated ZACHARY'S clearly established statutory right to be safe while participating 1? & school activity, and his clearly established ronal right to the protection of life, of which any reasonable person would rave known, 1 coach would submit student-all wuthwest Florida while willfully denying the constituti Hnletes to an exhausting workout for and as no reasonable football more than 3 hours in the summer months in Sot student-athletes hydration 1 and malicious conduct and callous disregard for the health 74, DELGADO’S willful YY under (i) the laws and Constitution colated the rights of ZACHAR and safety of ZACHARY vi of the United States of America and (ii) the laws and Constitution of the State of Florida. ‘ous conduct and callous disregard for the health, ise of ZACHARY’S 35, DELGADO’S willful and mali and safety of ZACHARY was @ reasonably foreseeable and proximate C2 death, and was a proximate cause of the injuries and damages of ZACHARY and Plaintiff as set forth below.Case 2:19-cv-00439-UA.NPM Document 34 Filed 08/16/19 Page 15 of 30 PagelD 202 Page 2 of 28 ‘Amended Complaint ‘5 violation of ZACHARY’S 76. Asa direct and proximate result of DELGADO" constitutional and legal rights, ZACHARY suffered extreme dehydration, heat exhaustion, heat re, brain damage from lack of stroke, extreme shock, heart failure, kidney failure, liver fa oxygen, coma and finally death on July 10,2017. jf, LAURIE ALICE GIORDANO. as Personal Representative of the RTIN-POLSENBERG, Deceased, is the Estate of ZACHARY TYLER MARTIN-POLSENBERG, 7. Plaint Estate of ZACHARY TYLER MA duly appointed Personal Representative of the Deceased. As Personal Representative, this action 1S brought on behalf of the survivors, as defined by the Florida Wrongful Death Act as follows: “The Estate of ZACHARY TYLER MARTIN-POLSENBERG, Deceased, «LAURIE ALICE GIORDANO, Mother of the Deceased, «JAMES POLSENBERG, Father ofthe Deceased: zm. As a direct and proximate result of the Decedent's injunss and death, the Decedent's parents, LAURIE ALICE GIORDANO and JAMES POLSENBERG, have sustained the following damages a hereafter set forth: a. The loss of services ofthe deceased from the date of his death, and the future loss asics and companionship from their son; and, mental pain and suering in the loss of said child; b. Medical and funeral bills incurred as a result ofthe death of the decedent. ect and proximate result ofthe Decedent's, ZACHARY POLSENBERG. py. Asadir injuries and death, the Estate of the Decedent has sustained the following damages as hereinafter set forth: a. Medical and funeral bills incurred as a result of the death of the decedent;Case 2:19-cv-00499-UA-NPM Document 34 Filed 08/16/19 Page 16 of 30 PagelO 203 Page 2 of 28 ‘Amended Complaint b. Net accumulations. WHEREFORE, Plaintiff; LAURIE ALICE GIORDANO, as Personal Representative of the Estate of ZACHARY TYLER MARTIN-POLSENBERG, demands judgment for damages against the Defendant, JAMES DELGADO, individually and in his official capacity, and seeks tight to trial by jury onal issues, post judgment interest as allowed by law, cosy and she also demands a trial by jury ofall issues so triable. COUNTAL- 1983 CLAIM FOR UNCONSILTULIONAL DEPRIVATION OF LIFE. ‘BY THE SCHOOL BOARD 0. Plaintffre-alleges and re-asserts the allegations in paragraphs 1 through 64 as if fully set forth herein. Si, The SCHOOL BOARD was conducting and sponsoring the summer football practice on June 29, 2017, with their corresponding policies, rules and regulations (and lack thereof) under the color of Florida State law. 2. The SCHOOL BOARD owed a constitutional and legal duty 10 ZACHARY to provide a safe and adequate football practice environment. &3. The dangerous polices, rules and regulations (and lack thereof) of the SCHOOL BOARD included, without limitation, the following: 4. Maintaining inadequate safety policies, rules and regulations for hot weather football practice; b. A custom of failing to enforce safety standards for hot weather football practices; «g. Accustom of failing to maintain proper emergency medical procedures on the RIVERDALE HIGH football practice field; 4. Acustom of maintaining a football coaching and training staff that was eitherCase 2:19-cv-00438-UA-NPM Document 34 Filed 08/16/19 Page 17 of 30 PagelD 204 Page 2 of 28 ‘Amended Complaint unable or unwilling to provide proper safety precautions for hot weather football practice; . Accustom, practice or policy of failing to provide immersion tubs and other medica/safety equipment to treat ZACHARY while awaiting the arrival of EMS: fA custom, practice or policy of failing to enforce the FHSAA minimum standards related to heat acclimatization and hydration of student-athletes; ‘A custom of maintaining a football coaching and traning staff that was not ‘only unfamiliar with safety precautions related to hot weather football practice, but also actually denied ZACHARY and other players hydration and cooling zones: (shaded areas) for breaks during football practice in 90-degree weather; and h. Acustom ‘of emphasizing football training and victories over the safety and well-being of its student-athletes. The customs and policies listed without limitation above were so Persiseni widespread, common, and well-settled on June 29, 2017, that they in themselves represented the official policies, rules, and regulations ‘of the SCHOOL BOARD. 85, The dangerous policies, rules, regulations and customs of the SCHOOL BOARD violated and constituted a willful and malicious indifference to the rights of ZACHARY under (i) the laws and Constitution ofthe United States of America and (ii ) the laws and Constitution of the State of Florida. 6, The dangerous policies, rules, regulations and customs ofthe SCHOOL BOARD and violations of ZACHARY’ legal and constitutional rights were & reasonably foreseeable andCase 2:19-cv-00439-UA.NPM Document 34 Filed 08/16/19 Page 18 of 30 PagelD 205 Page 2 of 28 ‘Amended Complaint Proximate cause of the death of ZACHARY. and were a proximate cause of the injuries and damages of ZACHARY and the PlaintifT. 87. As a direct and proximate result of the SCHOOL BOARD'S violations of ZACHARY ’s constitutional and legal rights, ZACHARY suffered extreme dehydration, heat exhaustion, heat stroke, extreme shock, heart failure, kidney failure, liver failure, brain damage from lack of oxygen, coma, and finally death on July 10, 2017, 88 Plaintiff, LAURIE ALICE GIORDANO, as Personal Representative of the Estate of ZACHARY TYLER MARTIN-POLSENBERG, Deceased, is the duly appointed Personal Representative of the Estate of ZACHARY TYLER MARTIN-POLSENBERG. Deceased. As Personal Representative. this action is brought on behalf of the survivors. as defined by the Florida Wrongful Death Act as follows: a. The Estate of ZACHARY TYLER MARTIN-POLSENBERG, Deceased, b. LAURIF ALICE GIORDANO, Mother of the Deceased, c. JAMES POLSENBERG, Father of the Deceased. 89. As a direct and proximate result of the Decedent’s injuries and death, the Decedent's parents, LAURIE ALICE GIORDANO und JAMES POLSENBERG, have sustained the following damages as hereafter set forth: a. The loss of services of the deceased from the date of | jeath, and the future loss of services and companionship from their son; and, mental pain and suffering in the lows of said child; b. Medical and funeral bills incurred as a result of the death of the decedent. 9%, Asa direct and proximate result of the ZACHARY'S, injuries and death, the Estate of the Decedent has sustained the following damages us hereinafter set forth:c , ‘ase 2:19-cv-00439-UA-NPM Document 34 Filed 08/16/19 Page 19 of 30 Pagel 206 Page 2 of 28 Amended Complaint @. Medical and funeral bills incurred as a result of the death of the decedent; b. Net accumulations. WHEREFORE, Plaintiff, LAURIE ALICE GIORDANO, as Personal Representative of the Estate of ZACHARY TYLER MARTIN-POLSENBERG, demands judgment for damages against the Defendant, THE SCHOOL BOARD OF LEE COUNTY, FLORIDA, and seeks a right to trial by jury on all issues, post judgment interest as allowed by law, costs, and she also demands a trial by jury of all issues so triable. (COUNT Ill - NEGLIGENCE BY DELGADO. 91. Plaintiff re-alleges and re-asserts the allegations in paragraphs | through 64 as if fully set forth herein. 92 Ashead coach of the football team and in charge of the summer football practice on June 29, 2017, DELGADO owed a duty to ZACHARY to use ordinary care, including the duty to protect and safeguard ZACHARY from unreasonably dangerous conditions during the June 29, 2017 football practice. 93. OnJune 29, 2017, DELGADO was negligent in at least the following respects: ‘a. Conducting an unreasonably dangerous football practice in terms of (i) the Iength of the practice; (ii) the timing of the practice; and (iii ) the content of the practice. bb. Failing to acclimatize ZACHARY to football practice in the hot and humid Florida summer; ¢.. Failing to provide reasonably adequate medically-trained supervision on the practice field: 4d. Failing to provide adequate hydration for ZACHARY; een RORYCase 2:19-cv-00439-UA-NPM Document 34 Filed 08/16/19 Page 20 of 30 PagelD 207 Page 2 of 28 Amended Complaint ¢. Denying ZACHARY hydration when he requested same during the “gasser” drills; £ Failing to recognize the obvious signs of heat exhaustion/stroke ZACHARY was exhibiting; a Requiring ZACHARY to perform unreasonably repetitive and dangerous “gasser” conditioning drills; h. Failing to call 911 and properly inform the 911 operator of the urgency of ZACHARY’S condition; and i. Failing to provide any immediate medical care and supervision to ZACHARY on June 29, 2017, after he became ill on the practice football field and instead holding a team meeting in plain view while ZACHARY was down. 04, Each of the foregoing negligent acts and omissions. whether taken singularly or in any combination, was a proximate cause of ZACHARY ’s death and was a proximate cause ofthe injuries and damages of ZACHARY and Plaintiff as set forth below. 95, As a direct and proximate result of DELGADO'S negligence, ZACHARY suffered extreme dehydration, heat exhaustion, heat stroke, extreme shock, heart failure, kidney failure, liver failure, brain damage from lack of oxygen, coma, and finally death on July 10. 2017. 96. Plaintiff, LAURIE ALICE GIORDANO, as Personal Representative of the Este of ZACHARY TYLER MARTIN-POLSENBERG, Deceased, is the duly appointed Personal Representative of the ZACHARY TYLER MARTIN-POLSENBERG, Deceased. AS Personal Representative, this action is brought on behalf of the survivors, as defined by theCase 2:19-cv-00439-UA-NPM Document 34 Filed 08/16/19 Page 21 of 30 PagelD 208 Page 2 of 28 Amended Complaint Florida Wrongful Death Act as follows: * The Estate of ZACHARY TYLER MARTIN-POLSENBERG, Deceased, + LAURIE ALICE GIORDANO, Mother of the Deceased, ‘+ JAMES POLSENBERG. Father of the Deceased. 97. As a direct and proximate result of the Decedent's injuries and death, the Decedent's parents, LAURIE ALICE GIORDANO and JAMES POLSENBERG, have sustained the following damages as hereafter set forth: a. The loss of services of the deceased from the date of his death, and the future loss of services and companionship from their son; and, mental pain and suffering in the loss of said child; b. Medical and funeral bills incurred as a result of the death of the decedent, 98 As a direct and proximate result of the ZACHARY’S, injuries and death, the Estate of the Decedent has sustained the following damages as hereinafter set forth: a. Medical and funeral bills incurred as a result of the death of the decedent; b. Net accumulations. WHEREFORE, Plaintiff, LAURIE ALICE GIORDANO, as Personal Representative of the Estate of ZACHARY TYLER MARTIN-POLSENBERG, demands judgment for damages against the Defendant, JAMES DELGADO, individually and in his official capacity, and seeks a right to trial by jury on all issues, post judgment interest as allowed by law, costs, and he also demands a trial by jury of all issues so triable. COUNT IV — NEGLIGENCE BY THE SCHOOL BOARD 99. Plaintiff re-alleges and re-asserts the allegations in paragraphs | through 64 as if fully set forth herein.Case 2:19-cv-00439-UA-NPM Document 34 Filed 08/16/19 Page 22 of 30 PagelD 209 Page 2 of 28 ‘Amended Complaint 100. Plaintiff has complied with all conditions precedent of Section 768.28 Fla. Stat., including providing timely written notice to the Florida Department of Insurance as well as to the ‘School Board of Lee County pursuant to Section 768.28(6)(a) Fla, Stat., prior to filing this action. A copy of the same is attached hereto as Exhibit “A”. 101. Atal times material hereto, the SCHOOL BOARD was acting through its agents, employees, coaches, including but not limited to DELGADO. 102. The SCHOOL BOARD was conducting and sponsoring the summer football practice on June 29, 2017, with their corresponding policies, rules and regulations (and lack thereof) under the color of Florida State law. 103, The SCHOOL BOARD owed a legal duty to ZACHARY to provide a safe and adequate football practice environment. 104. The dangerous policies, rules and regulations (and lack thereof) of the SCHOOL BOARD included, without limitation, the following: a. Maintaining inadequate safety policies, rules and regulations for hot weather football practice; b. A custom of failing to enforce safety standards for hot weather football practices; ¢. Accustom of failing to maintain proper emergency medical procedures on the RIVERDALE HIGH football practice field; d. Acustom of maintaining a football coaching and training staff that was either unable or unwilling to provide proper safety precautions for hot weather football practice; €. A custom, practice or policy of failing to provide immersion tubs and otherCase 2:19-cv-00439-UA-NPM Document 34 Filed 08/16/19 Page 23 of 30 PagelD 210 Page 2 of 2k Amended Complaint ‘medical/safety equipment to treat ZACHARY while awaiting the arrival of EMS: fA custom of maintaining a football coaching and training staff that was not only unfamiliar with safety precautions related to hot weather football practice, but also actually denied ZACHARY and other players hydration in football practice in 90-degree weather; and & A.custom of emphasizing football training and victories over football safety. 105. The customs listed without limitation above were so persistent, widespread, common, and well-seitled on June 29, 2017, that they in themselves represented the official policies. rules, and regulations of the SCHOOL BOARD. 106, The dangerous policies, rules, regulations and customs of the SCHOOL BOARD were a reasonably foreseeable and proximate cause of the death of ZACHARY and were proximate cause of the injuries and damages of ZACHARY and the Plaintiff. 107, As a direct and pros wate result of the SCHOOL BOARD'S negligence, ZACHARY suffered extreme dehydration, heat exhaustion, heat stroke, extreme shock, heart failure, kidney failure, liver failure, brain damage from lack of oxygen, com, and finally death ‘on July 10,2017. 108. Plaintiff, LAURIE ALICE GIORDANO, as Personal Representative of the Estate of ZACHARY TYLER MARTIN-POLSENBERG, Deceused, is the duly appointed Personal Representative of the Estate of ZACHARY TYLER MARTIN-POLSENBERG, Deceased. As Personal Representative, this action is brought on behalf of the survivors, as defined by the Florida Wrongful Death Act as follows: a. The Estate of ZACHARY TYLER MARTIN-POLSENBERG, Deceased,Case 2:19-cv-00439-UA-NPM Document 34 Filed 08/16/19 Page 24 of 30 PagelD 211 Page 2 of 28 Amended Complaint b. LAURIE ALICE GIORDANO, Mother of the Deceased, c. JAMES POLSENBERG, Father of the Deceased. 109. As a direct and proximate result of the Decedent's injuries and death, the Decedent's parents, LAURIE ALICE GIORDANO and JAMES POLSENBERG, have sustained the following damages as hereafter set forth a. The loss of services of the deceased from the date of his death, and the future loss of services and companionship from their son; and, mental pain and suffering in the loss of said chil . Medical and funeral bills incurred as a result of the death of the decedent. 110. Asa direct and proximate result of the ZACHARY’S, injuries and death, the Estate of the Decedent has sustained the following damages as hereinafter set forth: a. Medical and funeral bills incurred as a result of the death of the decedent; b. Net accumulations. WHEREFORE, Plaintiff, LAURIE ALICE GIORDANO, as Personal Representative of the Estate of ZACHARY TYLER MARTIN-POLSENBERG. demands judgment for damages against the Defendant, THE SCHOOL BOARD OF LEE COUNTY, FLORIDA, and seeks a right to trial by jury on all issues, post judgment interest as allowed by law, costs, and she also demands a tril by jury of all issues so triable. COUNT V - WRONGFUL DEATH NEGLIGENCE V, LEE COUNTY EMS 111, Plaintiffre-alleges and re-asserts the allegations in paragraphs | through 64 as if fully set forth herein. 12. At all times material, the Defendant, LEE COUNTY EMS through LEE COUNTY, a Political Subdivision of the State of Florida, (hereinafter referred to as “LEE(Case 2:19-cv-00439-UA-NPM Document 34 Filed 08/16/19 Page 25 of 30 PagelD 212 Page 2 of 28 Amended Complaint COUNTY EMS"), was licensed and doing business in Lee County, Florida, and provided transport and medical care to ZACHARY T. MARTIN- POLSENBERG in Lee County, Florida, on June 29, 2017. 113, That at the time of their arrival, at 10:55 a.m., Defendant's, LEE COUNTY EMS, personnel were aware that there had been no ice tank available for ZACHARY T. MARTIN- POLSENBERG, and that they were not using cold water in an attempt to cool him down as a result of his obvious heat stroke. 114, That Defendant, LEE COUNTY EMS. had no ice, cooling devices, or other reasonable methods available to appropriately treat heat stroke during transport, 11S, Thatat the time of initial contact with ZACHARY T. MARTIN-POLSENBERG, at 10:57 am., Defendant's, LEE COUNTY EMS, personnel should have realized that ZACHARY T. MARTIN-POLSENBERG needed emergent care, but nonetheless failed to provide him such emergent care 116. In transporting him to hospital care, they bypassed the closest hospitals, instead transporting ZACHARY T. MARTIN-POLSENBERG to Golisano Children's Hospital, which ‘was 24.7 miles away. at least twice as far as the nearest available hospi 117, As @ result of his obvious critical condition, ZACHARY T, MARTIN- POLSENBERG’s transport should have been treated as an emergency and taken to the nearest Emergency Room, Lehigh Regional Medical Center, which was only 10.4 miles away. 118 At the time of Defendant's, LEE COUNTY EMS, belated arrival to Golisano Children’s Hospital, ZACHARY T. MARTIN-POLSENBERG was unresponsive, tachycardic, and his temperature was 107 degrees. 119... Asa direct and proximate result of the undue transport delay in receiving timelyCase 2:19-cv-00439-UA-NPM Document 34 Filed 08/16/19 Page 26 of 30 PagelD 213 Page 2 of 28 Amended Complaint ‘and appropriate hospital and cooling treatment, ZACHARY T. MARTIN-POLSENBERG's heat stroke worsened, and he never recovered and died on July 10, 2017, 120. That all condi ns precedent to bringing this lawsuit have been met, including waiting the requisite pre-suit periods, pursuant to Florida Statute 768.28. 121. Atal times material, the Defendant, LEE COUNTY EMS, by and through its agents and employees. including its emergency technicians and staff, owed a duty of reasonable are to provide reasonable transport and emergency services to ZACHARY T. MARTIN- POLSENBERG. on June 29, 2017. 122. That Defendant, LEE COUNTY EMS, negligently and carelessly breached its duty of care, in one or more of the following ways, any one of which was a departure from and fell below the prevailing reasonable standard of care: a. failed to treat ZACHARY T. MARTIN-POLSENBERG’s heat stroke as an emergency: b._ failed to transport ZACHARY T, MARTIN-POLSENBERG to the closest hospital; c. failed to provide adequate ice, cooling devices, ot other methods to treat heat stroke during transport; ._ bypassed the closest hospital, Lehigh Regional Medical Center, at 10.4 miles away. to transport ZACHARY T. MARTIN-POLSENBERG to Golisano Children’s Hospital, 24.7 miles away across town, resulting in a critical delay in appropriate hospital treatment; e. that despite realizing they did not have adequate cooling devices, ot methods available to appropriately treat ZACHARY T. MARTIN-POLSENBERG's heat stroke, Defendant, LEE COUNTY EMS, negligently determined to transport himCase 2:19-cv-00439-UA-NPM Document 34 Filed 08/16/19 Page 27 of 30 PagelD 214 Page 2 of 28 Amended Complaint to Golisano Children’s Hospital, without concern for his emergent need for hospital care. 123. LEE COUNTY EMS's conduct above demonstrated a reckless disregard for the consequences to ZACHORY, and ultimately causing in part, ZACHORY 's death. 124, As a direct and proximate result, ZACHARY T. MARTIN-POLSENBERG suffered an undue delay in hospital treatment and cooling, worsening his heat stroke, and substantially contributing to his death, 125, As a further direct and proximate result, Plaintiff, LAURIE A. GIORDANO, as Personal Representative of the Estate of ZACHARY T. MARTIN-POLSENBERG, has suffered the following damages: a. medical and funeral expenses that have been charged against the Estate of ZACHARY T. MARTIN-POLSENBERG, or that were paid by or on behalf of the Decedent; b. net accumulations. 126. That in addition to the Estate, the Decedent, ZACHARY T. MARTIN- POLSENBERG, left surviving the following beneficiaries who are eligible to recover for his, ‘wrongful death under the Florida Wrongful Death Act: LAURIE A. GIORDANO. 1... NATURAL MOTHER - ADULT JAMES POLSENBERG. NATURAL FATHER - ADULT 127. Asa further direct and proximate result of the negligence of the Defendant, LEE COUNTY EMS, the surviving beneficiaries, as outlined above, have suffered the following damages: ‘a. the value of loss, support and services from the date of death and into the future;come Page 29 of 30 PagelD 216 Case 2:19-cv.00439, Page 2 of 24 Amended Complaint VA-NPM Document 34 Fileg O8I16/19 Page 28 of 30 Pagelo 215 b- -mental pain ond suffering from the date of death and into the futures & Tous of Decedent's companionship fand protection, and the Survivors’ mental Pain and suffering from the date of death und into the Fature: 4 medical and funeral bills paid hy ine survivor; all damages allowed under the Florida Wrongtul Death Act; WHEREFORE, Plaintiff, LAURIE A GIORDANO, us Personal Representative of the Fatale of ZACHARY T. MARTIN-POL SE BERG, sues the Defendant, LEE COUNTY EMS, ‘ATE OF FLORIDA, and by und through LEE COUNTY, » Politica Subdivision of the § ‘demands judgment for compensatory damages, costs in this aetion andl tril by jury, JURY DEMAND 128, Plaintiff hereby demand w wial by jury for all issues in which 1 jury trial is Permitted by Inw. WHEREFORE, the Plaintiff prays that the Defendants be duly summoned to appear ond answer herein, and that on final trial hereof, Plaintiff have judgment of the Court ‘Against the Defendunts as follows: Pamager proven at trial for the pain, suffering, and lons of life of ZACHARY, in an amount to be proven at trial given the facts and circumstances of the axe; Damages proven at trial for loss of value of emotional support, aociety, care, advice, attention, comfort, counsel, love, und affections, of which the Plaintiff hay been denied due to the untimely, unfortunate und wrongful death of their son; Damages proven at trial for the loss of vet wccumulations;Case 2:19-cv-00439-UA-NPM Document 34 Filed 08/16/19 Page 29 of 30 PagelD 216 Page 2 of 28 Amended Complaint Damages proven at trial for the reasonable costs of medical, funeral and burial expenses resulting from this tragedy for which Plaintiff was required to pay: Exemplary damages in such an amount as may be found proper and just. under the facts and circumstances of this case as determined by the Court or Jurys Reasonable attomey fees and costs proven at trial as allowed by Federal law; Interest on Judgment; and ‘Such other and further relief, both general and special, at law and in equity, to which Plaintiff is entitled. CER’ F SERVICE 1 HEREBY CERTIFY that | electronically filed the foregoing document with the Clerk of Court using CM/ECF on this 16" day of August, 2019. 1 also certify that the foregoing document was served this day on all counsel of record or pro se parties identified on the service list below in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized