FORT WORTH (CBS11) – A day before a former football player sued TCU, the school filed its own lawsuit against the player.
The legal battle surrounds Kolby Listenbee, a former wide receiver for the Horned Frogs.
In a petition filed Tuesday in Tarrant County, TCU argues doctors who treated Listenbee, didn’t technically work for the university. It also points out just how fast he ran on the track, and on the football field, even after he says injuries derailed his professional career.
The suit states the former student athlete first threatened to sue the university in September.
The university’s petition says after Listenbee’s last game in early 2016, he “…failed to return to TCU to complete an exit exam.”
In February of that year he “…participated in the NFL Combine…where he posted the second fastest time that year in the 40-yard dash.”
It also argues the doctors who treated Listenbee technically work for JPS Physicians Group.
Because of that, all of the claims in his lawsuit “…are healthcare liability claims that must be brought against a health care provider…”
Under the Texas Medical Liability Act, that could limit damages to a quarter of a million dollars.
The TCU filing doesn’t directly address claims that coach Gary Patterson harassed Listenbee because of his injury, both publicly and privately.
It does say that the claims, regardless of how they are worded, are in the end, medical claims.