NASO recently filed a Brief of Amicus Curiae with the Fourth Court of Appeals in San Antonio, Texas. In brief this case involved a collision between a wing official and an assistant coach during a high school football game in Texas. The coach, Terry English, was in the "officials' box" on the sidelines when the unfortunate accident took place. The official was properly running down the sideline to keep proper position in covering a play happening at that time. His attention was and had to be focused on that play.

The official, Charlie Harpole, was knocked out but fortunately did not sustain serious, lasting injury. The coach sustained permanent brain damage. His insurance company, Midwest Employers Casualty Company in an effort to recoup expenses it has paid and continues to pay to cover Mr. English's medical treatment and care sued the officiating crew.

Midwest sued on the basis that coach English was not "warned" to stay out of the officials' box, that Harpole was not "looking where he was going," and that the crew did not enforce the sideline rule as it should have. Midwest also named the Texas Association of Sports Officials in the original suit. TASO was severed from this suit but this claim is pending as separate litigation. The officiating crew was not dropped. The attorneys for the officiating crew then successfully argued in trial court for summary judgment as a matter of law. Midwest did not accept that court ruling and appealed.

Mr. Harpole is not a NASO member. When the attorneys for the officials approached NASO to file a "friend of the court" Brief in support of the officials in this case, NASO's board reviewed the matter and unanimously decided to ask attorney Alan Goldberger to author and present a Brief of Amicus Curiae on behalf of the officials. The Brief was filed with the court on April 10, 2009. This has been done completely at NASO's expense.

We at NASO feel the matter at stake is of significance to all officials, football and all other sports. We feel it is vital to prevail upon the appeals court on the basis presented in this Amicus.

I urge you to review the attached Amicus. If you want to discuss any aspect of this matter please do not hesitate to call me. I can also put you in touch with Alan Goldberger if a legal perspective is desired.

If you feel this effort is worthy, please feel free to circulate the Amicus or present information about it to the officials under your jurisdiction.

Click here to download a copy of the Amicus file.

Sincerely,


Barry Mano
President