By Jason Allen

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.

tcu2 TCU Sues Former Football Player Who Is Suing University

AMES, IA √¢ OCTOBER 17: Wide receiver Kolby Listenbee #7 of the TCU Horned Frogs celebrates after pulling in a touchdown pass over running back Nick Leach #27 of the Iowa State Cyclones in the first half of play at Jack Trice Stadium on October 17, 2015 in Ames, Iowa. (Photo by David Purdy/Getty Images)

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.

In his own suit filed in Dallas County Wednesday, he claims extreme pressure to play injured, and negligent medical treatments, contributed to his lack of success in the NFL.

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.

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