By Rose Laudicina
Staff Writer
It’s been almost four years since Malinda and David Fraley came home on Aug. 12, 2008 to find their 17-year-old son, Atlas, dead on the floor.
And although years have passed, the Fraleys are still looking for answers. In their search, they’ve turned to the law.
Late last month, the Fraleys, through the law office of Twiggs, Strickland & Rabenau, filed a lawsuit against the Chapel Hill-Carrboro City Schools Board of Education and Chapel Hill High School football coach Issac Marsh.
According to the civil-action lawsuit, the Fraleys are suing Marsh and the school system for negligence, claiming they had spoken with Marsh and warned him about a previous incident in 2007 in which Atlas collapsed after a football practice due to dehydration and required emergency medical treatment.
The lawsuit states that after the incident on Aug. 13, 2007, David Fraley spoke with Marsh so he would be aware of the situation and would be able to monitor Atlas at practice in case he showed signs of cramping or other symptoms of dehydration or heat-related illness.
During this discussion, David Fraley offered to help Marsh provide water and Gatorade for football practices, but Marsh refused his offer, assuring him the school would provide enough fluids for players, according to the lawsuit.
The Fraleys claim that Marsh agreed to contact them immediately if in the future Atlas experienced any cramping during practice.
However, the lawsuit claims that almost a year later, on Aug. 12, 2008, during an unscheduled Tigers football practice and scrimmage held at Middle Creek High School in Apex, Atlas exhibited signs of serious cramping and headaches during the scrimmage, where no fluids were provided, and Marsh failed to inform his parents of his symptoms.
“On information and belief Defendant Marsh did not provide or ensure access to water, sports drinks or other fluids for his players,†the lawsuit states.
The lawsuit goes on to state, “The only fluids present for much of the practice belonged to the other teams located hundreds of feet away, not reasonably accessible to Tigers players.â€
In addition to there being a lack of availability of fluids, the Fraleys claim there were no areas of shade provided for the players, who were dressed in full football gear and protective equipment, which violated rules and policies contained in the 2008-09 high school coaches handbook.
In the lawsuit, the Fraleys accuse Marsh of negligence, claiming teammates tried to help hydrate Atlas when he begin exhibiting signs of cramping and distress, but were unable to find cups to put fluid in.
They also state in the lawsuit they believe that if Marsh had attempted to contact either of them, “more likely than not Atlas would have survived.â€
Although those implicated in the case cannot comment on the lawsuit, it hasn’t prevented Marsh from attending summer workouts with the Tiger football team.
Kendall Simms, a rising senior on the Chapel Hill High football team, said that while everyone is aware of the lawsuit, they are trying not to let it interfere with their team.
“We haven’t openly discussed it, although people know about it,†Simms said. “We don’t like seeing coach Marsh in a compromising position.â€
Simms said that he has never experienced a lack of fluids at practice and that Marsh always makes sure they are hydrating before, during and after workouts and games. However, since he came in a year after Atlas Fraley’s death, he can’t comment on whether this practice was adhered to before the incident.
“[Marsh] is very involved and checks in with us on a daily basis and makes sure things are going OK.†Simms said. “Coach Marsh is basically like a father figure to a lot of guys on the team.â€
With regard to the lawsuit, Simms said he and his teammates don’t really understand why the family is suing Marsh.
“It is kind of a confusing time for us,†he said. “We all feel for coach Marsh and for the family.â€