Marquette vaulter, Florida State take sides in lawsuit stemming from 1996 accident

From:
University Wire
Date:
April 6, 1999
Author:
Christopher Dabe


University Wire

04-06-1999

(The Marquette Tribune) (U-WIRE) MILWAUKEE, Wis. -- Six weeks from now, Steve Schaefer may finally close a chapter in his life that, for him, couldn't end any faster.

Unfortunately for Schaefer, a new wrinkle which has his former track coach steaming has been added to the novel.

While competing in the pole vault element of the decathlon competition on March 21, 1996, at Florida State University, Schaefer landed on the edge of the landing pad and flipped off onto the track's surface, fracturing his skull. Emergency surgery the next day to prevent swelling of the brain, along with therapy, has put Schaefer on the road to recovery.

Since then, Schaefer and Marquette have claimed in lawsuits the mat Schaefer missed was not NCAA regulation size, which is no less than 5 meters wide by 5 meters long. But in the eyes of Florida State officials, Schaefer's injury was nothing more than a "freakish" personal accident.

"My understanding is that Mr. Schaefer was not in the same league or training caliber as the other athletes," said Bill Glabwin, assistant to the general counsel at Florida State.

"We've had this track meet for more than 30 years," Glabwin continued. "This was not an invitation-only meet; it is open for all NCAA-caliber athletes. (Schaefer) came down and got injured in the pole vault. He returned to Wisconsin and filed a lawsuit."

"We check into distance and type of pole," Glabwin said about the safeguards Florida State takes to avoid accidents. "We checked out all the equipment; we've been (checking the equipment) for years."

Glabwin said the original suit, which was filed with the state of Wisconsin, was dismissed because the incident occurred in Florida. In January 1999, another suit was filed with the Florida Division of Risk Management.

Glabwin said he expects a settlement within six weeks. If Florida State is found guilty of negligence in the suit, Schaefer will receive an amount which cannot exceed $100,000.

"We know the suit was filed through risk management," Glabwin said. "Each state reviews the case to see if it feels the university or state agency is liable, at which point they recommend a settlement."

Both men's track and field coach Dave Uhrich and Schaefer acknowledged the pole vault was one of the weaker aspects of the decathlon competition for Schaefer.

However, Uhrich said he didn't agree with the reasoning suggesting an athlete who competed in a Division I program four years was not of NCAA caliber.

"It is utterly absurd to suggest that," Uhrich said. "If he is not of NCAA caliber, to go off the back of the mat, I could see him going off the side (if he is not of NCAA caliber)."

During his four-year career, Schaefer set the still-standing outdoor record in the decathlon in 1995 with 6,104 points and the freshman record of 5,861 points in 1993.

Steven J. Cottingham, Marquette's general counsel, said the case is being investigated, but declined further comment.

Marquette Athletic Director Bill Cords also refused comment on the case.



(C) 1999 The Marquette Tribune via U-WIRE