Hall County Superior Court Judge Jason Deal denied a motion for dismissal Friday morning by several Gainesville High School officials in a civil lawsuit suit brought by the family of Jeremy Medina, who died last year following an accident at the school’s batting cages.
The attorney representing the school stated discovery is barred due to sovereign immunity, but the plaintiffs argued against immunity and asked the court to allow discovery to continue. Deal ruled that discovery will move forward with a set six-month period.
Medina died on December 11, 2023. He was taken off life support after being in a weeks-long coma following an accident at the high school’s batting cages on November 20. School officials said Medina was hit in the head by a bat when he accidentally walked into the path of a teammate’s swing.
The lawsuit filed by Jeremy’s parents, David and Yasmira, seeks a settlement of nearly $722,000 from the parties named.
Defense attorney Hieu M. Nguyen argued that the defendants could not be liable because the incident occurred when many of the defendants were not “on duty.”
“The reality is that the individuals who were not there that day were not on duty, even assuming that the court determines, for purposes of the current status of the case. And even if the court determines that there was a ministerial duty, these individuals, the majority of the eight individuals, were not there that day. They were not on duty. This was Thanksgiving break. They can't be in violation of a duty when they were not on duty to begin with,” Nguyen said.
Medina family attorney Chloe Dallaire, argued that the defendants violated Georgia High School Association bylaws.
“Had those defendants followed those rules, Jeremy and his teammate never would have been in that room. Those defendants don't have to be there that day. These are rules that were broken before this tragic event,” Dallaire said.
Dallaire contended it would be an error to grant dismissal before any questions are answered under oath.
Dallaire cited several of the GHSA bylaws that pertain to the timing of baseball practices.
“We cite specific rules that have to do with the timing of baseball practice, the eligibility of Jerry Medina and the teammate who struck him, the qualifications and eligibility of the coach, defendants and the lack of a critical action plan in place. Looking at this complaint, you'll see over a dozen specific violations,” Dellaire argued.
Deal commented on the deposition of former principal Jamie Green who recently moved to Brazil for a new job. Green missed a deposition scheduled for Jun. 26 but Nguyen asserted he did not move to avoid the deposition.
Green is named in the lawsuit along with eight other Gainesville school officials.
