“The court readily concludes that Plaintiffs have not produced evidence sufficient to sustain their claim that Defendants violated the applicable standard of care,” Martini wrote in his ruling. “When Powell notified Testa of his injury, and Testa apparently suspected that Powell had suffered a lateral meniscus tear, Testa promptly arranged for Powell to be examined by a doctor the next day. When Dr. Festa (Anthony Festa, Seton Hall’s team physician) determined that Powell had not suffered a meniscus tear, and determined not to restrict Powell’s basketball activities, Testa deferred to that judgment, continued working with Powell to manage his injuries, and arranged for (physicians) to provide any treatments they determined necessary but outside the scope of conduct for an athletic trainer. This is precisely what the standard of conduct for an athletic trainer demands.”
Powell Lawsuit Dismissed
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“The court readily concludes that Plaintiffs have not produced evidence sufficient to sustain their claim that Defendants violated the applicable standard of care,” Martini wrote in his ruling. “When Powell notified Testa of his injury, and Testa apparently suspected that Powell had suffered a lateral meniscus tear, Testa promptly arranged for Powell to be examined by a doctor the next day. When Dr. Festa (Anthony Festa, Seton Hall’s team physician) determined that Powell had not suffered a meniscus tear, and determined not to restrict Powell’s basketball activities, Testa deferred to that judgment, continued working with Powell to manage his injuries, and arranged for (physicians) to provide any treatments they determined necessary but outside the scope of conduct for an athletic trainer. This is precisely what the standard of conduct for an athletic trainer demands.”
Frivolous lawsuit….you know how bad a case you have to have to get dismissed? Really bad.
I hope this is the end of of the line for this story and I also think this is the opposite of a circus. Life is much easier, when you do the right thing and the facts are on your side. Unfortunately, some of the other things that have happened at Seton Hall in thet last few years are, in fact, a circus.
Good riddance to both the lawsuit and Powell.