Chaz Ramsey's Lawsuit Chopped Blocked by Alabama court of appeals

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BIRMINGHAM, Alabama -- Former Auburn football player Chaz Ramsey lost his court appeal to overturn a victory by an ex-Auburn football trainer against accusations that he mismanaged Ramsey's rehabilitation after an injury.

The U.S. 11th Circuit Court of Appeals in Alabama recently reaffirmed Judge Myron Thompson's summary judgment in 2011 and said Ramsey showed no evidence that Arnold Gamber, Auburn's trainer at the time, breached a duty he owed to Ramsey when he was injured in 2008.

Ramsey, once a promising offensive lineman who made the All-SEC freshman team, suffered a career-ending back injury while doing weighted exercises. He claimed the exercises shouldn't have been in his plan while rehabbing after back surgery.

Ramsey contended that Auburn team physician Michael Goodlett often communicated medical instructions first to Gamber, who then relayed them to strength and conditioning coach Kevin Yoxall. Goodlett noted on his medical chart a day after the workout in question his displeasure at Gamber for allowing the activities in question to occur.

At the heart of the case was a missing written rehab plan that Goodlett testified he saw created by Gamber and Yoxall the week before Ramsey reinjured himself. The document was never produced in the case.

The appeals court wrote in its opinion: "We recognize that Ramsey claims that the missing rehabilitation plan entitles him to an adverse interference of Gamber's negligence and at least creates a material issue of fact for a jury because Gamber must have destroyed the plan anticipation of litigation. However, Ramsey has produced no evidence that anyone destroyed the written plan, let alone that Gamber destroyed the plan in bad faith."

Gamber, who is now Texas Tech's head trainer, testified that he left behind any documents related to his work at Auburn. The appeals court wrote that evidence actually suggests Gamber could not have destroyed the written plan because Yoxall was responsible for recording athletes' daily weight-room regimens.

Ramsey is "not very happy" about the ruling, said Wayne Ferrell, his attorney. "I think when you're young, you feel the courts ought to do what he and I feel is the right thing and sometimes they don't. They're the judge. They're always right. Unless you get another judge to tell them they're wrong."

Ramsey has a pending lawsuit in Mississippi, his home state, against Auburn and Yoxall over the same issue. Auburn filed for a motion to dismiss, claiming Mississippi doesn't have jurisdiction in the case and must apply Alabama law, which would grant Auburn immunity. A hearing is scheduled for May 7.

Ferrell said he will demonstrate Alabama law doesn't have to apply because Auburn has multiple contacts with Mississippi, such as playing games in the state and recruiting students from there.

Ramsey and three other ex-Auburn players made accusations last year that they were paid while being recruited or playing for the Tigers. The NCAA concluded the claims couldn't be proved, and Ramsey never spoke with the NCAA.

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