Family Sues UC Regents Over Death of Cal Football Player Ted Agu

By Antonio Gonzalez
Associated Press

The family of former California football player Ted Agu filed a wrongful death lawsuit against the Regents of the University of California on Tuesday, alleging "reckless and negligent behavior" by the staff toward an athlete known to have sickle cell trait.

The lawsuit filed in California Superior Court in Oakland says the university was negligent for hiring trainer Robert Jackson, who previously worked at Central Florida, where he was the sole certified athletic trainer present when football player Ereck Plancher died following conditioning drills in March 2008.

Agu died after an offseason training run Feb. 7 in Berkeley. The lawsuit says that, like Plancher, Agu had sickle cell trait and should not have been put through a "lethal conditioning drill."

"The same thing happened here," said Agu family attorney Steve Yerrid, who also represented Plancher's family. "What you see here is a bona fide tragedy."

Yerrid stood on the steps outside the courthouse with trial lawyer Brian Panish and Agu's sobbing mother and father, Emilia and Ambrose, in front of three oversized photos of the former Cal defensive end. Agu's brother and two of his three sisters also were present.

The family did not speak to reporters at the request of their attorneys.

Panish said there have been no settlement talks with the university and he expects the case to go to trial in 12 to 16 months. He said a jury would decide damages, which he requested to be "substantial."

The Alameda County coroner's office said in April that Agu died of hypertrophic cardiomyopathy, which is an excessive thickening of the heart muscle. Yerrid and Panish disputed that claim, saying the condition was brought on by Agu's sickle cell trait.

Cal did not have an immediate response to the lawsuit.

Team physician Dr. Casey Batten said in February that the medical staff saw Agu had difficulty completing the workout and he was transferred by cart about 150 yards to the football stadium.

"He was on the back of the cart, he was talking, he was hydrating, he did not exhibit any labored breathing or other signs until he got to the north tunnel," Batten said.

Agu collapsed when he got to the medical facility at the Simpson Center at the stadium. Emergency medical personnel were alerted and Agu was given CPR. He was taken to Alta Bates Medical Center, where he was pronounced dead. Batten said Agu never had any previous problems with workouts or practice at Cal.

Agu, a 21-year-old defensive end from Bakersfield, was going to be a fifth-year senior this season. He arrived on campus as a walk-on before earning a scholarship last year. He played seven games last season, recording six tackles.