Two former Duquesne University basketball players who were shot leaving a dance at the school nearly two years ago filed a lawsuit against the school yesterday, alleging negligence.
Shawn James and Kojo Mensah, both of New York, allege that they never would have been injured had Duquesne officials provided adequate security at the dance and not permitted nonstudents to attend. In addition, they claim that coach Ron Everhart forced them to practice and play with the team while they were recovering from their injuries.
They are seeking punitive damages.
The two were among five players shot Sept. 17, 2006, after leaving a back-to-school dance at the university.
According to the suits, filed separately in the Western District of Pennsylvania, a female student at Duquesne approached the doorman at the dance before she and her friends entered and asked if they would be frisked. They were told no. Her friends were not students at the university.
That action, they claim, should have made it "reasonably foreseeable" that the people planned to commit a crime on campus. The lawsuits contend that the doorman should have taken steps to alert security to a possible problem.
Rick Bode, the attorney representing Duquesne, disagreed. "We had no notice and no way of anticipating these random criminal acts. None. The contention that the doorman was a representative of the university is false. He was taking tickets. He had no ties to Duquesne."
The plaintiffs also claim that Everhart forced them to practice while their injuries were healing, saying without them the team wouldn't have enough players for NBA scouts to attend.
James and Mensah allege that they potentially lost millions of dollars because of their injuries. James was shot through his left foot, and Mensah was hit in the left arm and shoulder.
James enrolled at Duquesne in July 2006 as a junior on a basketball scholarship, transferring from Northeastern University in Boston. Mensah started out at Siena College before transferring to Duquesne in his junior year.
After sitting out the 2006-07 season under NCAA rules, they helped lead Duquesne last season to its first winning record (17-13) in 14 years. Both then declared for the NBA draft but neither are expected to be chosen.
James reportedly signed a two-year contract to play professionally for Bnei HaSharon in the Israeli Super League.