Wrongful death lawsuit filed against Joplin, Neosho head football coaches

The mother of a 15-year-old Joplin High School sophomore who died September 4, 2019, following an asthma attack during football practice filed a wrongful death lawsuit against Head Coach Curtis Jasper, assistant coaches Logan Shaw and Brandon Taute (currently Neosho High School head coach) and trainer Megan Carder.

In the lawsuit, which was filed Monday in Jasper County Circuit Court, the plaintiff, Lashonda Roberts, alleges the coaches failed to take steps that could have prevented the death of her son, Kadin Roberts-Day after he began having breathing problems after running up and down bleachers in the gymnasium and running around the indoor track. 

The conditioning was being held inside due to the sweltering heat.

Surveillance photos, which were included in the petition and some of which are shown below detail the actions taken by the defendants, including their failure to call 9-1-1 for at least 26 minutes after Kadin began having breathing difficulties.

The lawsuit also claims the defendants did not tell the emergency personnel that Kadin was in the gymnasium. The first responders went to the football field and had to be redirected.

Kadin Roberts-Day died that evening at Mercy Joplin.

Also listed as defendants in the lawsuit are Tracy Saunders, John Doe 1, John Doe 2, John Doe 3, Jane Doe 1, Jane Doe 2 and Jane Doe 3.

The petition indicates Roberts is asking for an amount "in excess of $25,000 that is fair, just and reasonable, and costs.

She is represented by attorney Brian M. Winebright of Cantor Injury Law, St. Louis.

The events surrounding Kadin Roberts-Day's death are detailed in the petition:

On September 4, 2019, Kadin Roberts-Day was a sophomore student at Joplin High School and a member of the football team. Kadin had a history of severe asthma.

Kadin’s history of severe asthma was known to school staff and football team personnel, including Defendants. Joplin School District and Joplin High School maintained departmentally mandated policies that required any staff member to immediately call 911 if a student was having difficulty breathing.  

Joplin School District and Joplin High School maintained departmentally mandated policies that required any staff member to immediately call 911 if a student suffered a traumatic or life-threatening injury, including breathing complications. 

Joplin School District and Joplin High School maintained departmentally mandated policies that required any staff member to administer CPR or utilize the school’s automatic external defibrillator device if a student went into cardiac arrest. 

Joplin School District and Joplin High school implemented departmentally mandated duties via a document titled Emergency Action Plan. The Plan requires that a “responsible person call 911 IMMEDIATELY.” 

The Plan also requires the most qualified caregiver to remain with the injured athlete throughout injury management and to serve as the Plan Coordinator. The Plan Coordinator can be either an athletic trainer or the head coach. 

The Plan Coordinator must designate one specific assistant to activate EMS. That assistant must: 

a. Dial 911; 

b. Identify themselves and request medical assistance; 

c. Give exact location of the athlete; 

d. Give exact directions on how to enter the facilities; 

e. Give general information on the nature of the injury; 

f. Give information on current treatment; 

g. Give location of the phone being used; and 

h. Remain on the phone until told to hang up by EMS dispatcher. 

The above-referenced policies and procedures were in effect on September 4, 2019. On September 4, 2019, the team’s coaches instructed the players to perform conditioning exercises inside the gymnasium instead of on the outdoor field due to high temperatures. The gymnasium in which the indoor practice took place is equipped with multiple surveillance cameras, which captured Kadin at practice that day. 

During the indoor practice, the players, including Kadin, ran up and down bleachers and around the indoor track. The players, including Kadin, performed these conditioning exercises in full pads and helmets. 

At approximately 5:02pm, surveillance footage shows Kadin (Uniform #63) struggling to catch his breath as he stops running and places his hands on his knees

During practice, Defendants and other school employees and team personnel were stationed throughout the gym observing the players. At 5:04pm, Kadin again stops running and places his hands on his knees as he struggles to catch his breath.

Approximately 35 seconds later, Kadin again is seen struggling to catch his breath:

At 5:06pm, Kadin again stops running and rests his hands on his knees, this time in the immediate vicinity of one of Defendants.

At 5:07 pm, Kadin again stops running to catch his breath, and two teammates stop to check on him:

Approximately 90 seconds later, Kadin resumes moving around the track, now walking alongside a teammate, but must stop again and rest on his knees after 30 seconds:

Kadin remains hunched over, struggling to catch his breath, for nearly one minute:

Kadin’s struggle to breathe continues for the next several minutes, as he repeatedly stops to rest his hands on his knees.

At 5:12:45 pm, Kadin’s teammate calls for a trainer or coach to assist Kadin as he continues to struggle breathing.  At 5:13:34 pm, Defendant Logan Shaw, an assistant football coach, speaks with Kadin. Defendant Logan Shaw observes that he is having trouble breathing.

At 5:14:29, Defendant Shaw makes a phone call, but does not call 911. Rather, Defendant Shaw calls Plaintiff. 

During this phone call, Kadin drops to one knee as his breathing struggles continue.

Defendant Shaw remains at Kadin’s side, aware of his trouble breathing, until 5:18:20. 

At 5:18:20, Defendant Shaw advises Defendant Jasper of Kadin’s condition.

Upon being advised of Kadin’s condition, Defendant Jasper does not call 911. At 5:19:06, Defendant Carder, an athletic trainer, speaks with Kadin and observes his breathing difficulties. Defendant Carder does not call 911. 

At 5:19:57, Kadin sits down with his back against the track’s outer wall, accompanied by Defendants Shaw and Carder.

Kadin continues to have trouble breathing. Defendants still do not call 911. 

At 5:20:56, Defendant Carder leaves Kadin’s location as Defendant Shaw receives a phone call from Plaintiff.

Defendants still do not call 911. 

At 5:21:04, while Defendant Shaw speaks to Plaintiff, Kadin rolls onto his hands and knees.

At 5:21:04, Kadin is still struggling to breathe. 

While Defendant Shaw is speaking with Plaintiff, he continues to observe Kadin’s condition and breathing difficulties. 

During that phone call, Plaintiff tells Defendant Shaw to call an ambulance if Kadin’s condition is not improving. 

Defendant Shaw still does not call 911 

Defendant Shaw places his phone back into his pocket. 

At 5:23 pm, Defendant Carder returns to Kadin’s location. She places an ice pack on Kadin’s back and shoulders.

Defendant Carder again observed Kadin’s trouble breathing. 

Defendant Carder still does not call 911. 

At 5:24 pm, Defendant Brandon Taute arrives at Kadin’s location and observes his condition for approximately 30 seconds before walking away.

Defendant Taute does not call 911.

At 5:26 pm, Kadin collapses to the ground, lying unconscious on his stomach. 

Defendants Carder and Shaw both take out their cell phones.

Defendants still do not call 911.

 

Instead, Defendant Carder disappears from Kadin’s location, leaving Defendant Shaw with Kadin. 

Kadin is now unconscious. 

Kadin is still struggling to breathe. 

Defendants still do not call 911. 

At 5:28 pm, Defendants Taute and Carder return to Kadin to find that he is still unconscious and not breathing.

Finally, at 5:28 pm, Defendants call 911 to report Kadin’s condition. Defendants first call 911 at least 26 minutes after surveillance footage shows Kadin demonstrating breathing difficulties. Defendants do not tell 911 dispatch that Kadin is having trouble breathing. Defendants instead tell 911 dispatch that Kadin is unconscious.

Defendants do not tell 911 dispatch that Kadin is located in the gym. Joplin METS and Joplin Fire Department arrive at the school, but head to the football field. Joplin METS and Joplin Fire Department personnel must contact dispatch to determine Kadin’s location. 

Joplin METS and Joplin Fire Department personnel, upon entering the gym, walk to Kadin’s location on the track. 

Joplin METS and Joplin Fire Department personnel were not aware of Kadin’s breathing problems until they arrive at Kadin’s location at 5:37 pm. Joplin METS and Joplin Fire Department personnel immediately begin administering CPR to Kadin. 

Kadin is loaded onto a gurney at 5:41 pm, after being intubated by emergency crews. Emergency crews continued to administer CPR manually and through the use of an automatic CPR machine while Kadin was transported on the gurney out of the gymnasium, into the ambulance and to the hospital. 

Kadin arrives at Mercy Hospital Joplin at 5:59 pm in cardiac arrest, and no pulse is ever appreciated. 

Kadin is pronounced dead at 6:02 pm.

***

Readers,

Consider supporting the Turner Report, Inside Joplin and Inside Joplin Obituaries by taking a voluntary subscription or by making a contribution of any amount at the PayPal buttons below or by sending your subscription or contribution to Randy Turner, 2306 E. 8th, Apt. A, Joplin, MO 64801.

Payment options

Option 1 : $30.00 USD - yearly Option 2 : $3.00 USD - monthly Option 3 : $1.00 USD - weekly