No payment in Evansville suit

By GINA DUWE ( Contact )   Tuesday, Oct. 27, 2009
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— An Evansville mother and daughter dropped their federal lawsuit against the Evansville School District before Monday's scheduled trial, and the school district agreed to drop its claim for attorney fees.

Neither the school district nor its insurers will pay anything, District Administrator Heidi Carvin said.

"Nothing was paid," said Sam Leib, attorney for the school district. "We were ready to go to trial. This was a case that we felt very, very confident we were going to prevail. They walked away at the 11th hour."

The settlement came late Friday. A jury trial was scheduled to begin Monday morning, but the case was dismissed with prejudice, meaning it cannot be re-filed.

Jeff Olson, an attorney for the family, declined to comment on the details of the settlement.

Ivyanne Elborough and her mother, Deborah St. Aubin-Elborough, filed the suit in August 2008 alleging discrimination by football coaches and staff. Elborough was the only female player on the freshman football team in 2007.

Elborough broke her clavicle Aug. 30, 2007, after participating in drills without safety gear because she did not have access to her gear in the locked locker room, the suit alleged. The lawsuit claimed Elborough was injured because she was told to practice without safety equipment, even though the rest of the team was wearing gear during blocking drills.

The suit alleged head coach Ron Grovesteen discriminated against Elborough because she was female.

The suit filed in U.S. District Court in Madison asked for compensation for pain, suffering, mental and emotional distress and expenses but didn't specify an amount.

Earlier this year, Judge Barbara Crabb dismissed several of the suit's discrimination claims because they had no legal merit, Leib said. That left one claim relating to Elborough's participation in drills and injury. That claim was voluntarily dismissed Friday, he said.

"We've maintained all along, we feel horrible she was injured, but there was really no neglect on our part," Carvin said.

The Gazette was not able to reach the family for comment about the settlement.

The plaintiffs dropped the case, Carvin said, and the district dropped its claim for attorney fees "due to the frivolous nature of the suit." Had the case gone to trial, the plaintiffs and their attorneys faced payment of the district's legal fees and possible court sanctions if they lost, Leib said.

The district's legal fees amounted to more than $80,000 as of last week, Carvin said. Those costs are paid through the district's liability insurance, so no taxpayer money was spent, she said.

"The dismissal by the plaintiffs without payment is effectively an exoneration of my clients, and we are pleased that this matter has been dismissed," Leib said.

Carvin said she's proud of how the coaching staff handled the two-year case. The staff showed clarity and openness and answered every question with sincerity and integrity in the hours of depositions, she said.







reader COMMENTS (36)
Professor
Oct 29, 2009 at 12:57 p.m.
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Goodguy--You can 'pick US out by the kind of cars WE drive, and the instruments OUR kids play'? I'm really not sure what your point is there. Maybe you should try more vitamins. Just sayin.

goodguy
Oct 29, 2009 at 8:55 a.m.
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Why is it so easy to see what kind of people you are that sit and trash the coaches and school staff? You're so easy to pick out by the kind of cars you drive, the instruments your kids play, etc. There is an awful lot of garbage on the other side of this fence. However, those of us on the right side of this issue, choose not to throw that around. Rather, we acknowledge that these kind of people do exist, and we're just thankful that in this case they didn't win. To the insightful bunch posting about what a good case this was, and how it was never about the money, why was it dropped on the steps of the courthouse then? Madison is full of your type of people, by all accounts it should have been a slam dunk.

jblarson
Oct 29, 2009 at 6:22 a.m.
(This comment was removed by the site staff.)
curtaincall
Oct 29, 2009 at 3:14 a.m.
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Thank you professor, well said..

Professor
Oct 28, 2009 at 11:45 p.m.
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Wait--'Grovesteen is sexist...and drank too much...BUT is a helluva coach....' So he gets a pass??? You gotta be kidding me!

As far as the 'merits' of the case, the fact that it wasn't dismissed along with the discrimination claims--the strongest theory--tells me there was merit. I also know Barbara Crabb--she would NOT have allowed a "frivolous" claim to continue this far. As for Ms. Carvin--that she could in any way insinuate that her 'sexist employee who drank too much' made this kind of decision that lead to a girl sustaining the injuries that she did, and still try to say--with a straight face--that the claim was 'frivolous'....I can only say that she is a fine example--of what should NOT be running an institute of education.

cookiedough
Oct 28, 2009 at 4:32 p.m.
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Face it, both sides screwed up. Move on. The family took it over the edge way too far and yes, Grovesteen is sexist and does not want girls playing football. I played for him 21 years ago and he was/is one hell of a coach and motivator, just drank too much and is sexist. Get over it already - move on and put this incident behind us. I am sure both sides feel pretty dumb right now.

curtaincall
Oct 28, 2009 at 3:13 p.m.
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This case had a lot of weight too it or it would have gotten tossed in the very early stages.

creativethinking
Oct 28, 2009 at 12:57 p.m.
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IF the plantiff had no case,it would never have made it as far as it did. Never. There was something to it. Pacer shows records of court activity if anyone is interested.

mythought
Oct 28, 2009 at 12:44 p.m.
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I'm not a huge fan of Gazette reporting either, however I have to say they got this one right! Yes the case was "settled", just as previous comments have pointed out, there doesn't have to be an exchange of money. I wish everyone could remember how this lawsuit has affected everyone involved, the entire coaching staff, district teachers, students and all the families of each. I don't believe the mother had Ivy's best interest in mind when the suit was filed and I don't understand how the lawyers could believe they had a case to begin with. My kids have participated in sports all through school. I haven't always agreed with or liked every one of their coaches, however never did i feel like the kids were mistreated in anyway. I also have personal experience with Grovesteen and the rest of the coaches and believe the love everyone of those kids who play, regardless of gender. Other girls have gone out for football and none was mistreated at any time! Just like Heidi Carvin stated, i'm proud of the way the school district and their lawyers handled this situation. Case Closed! Let's move on.

goodguy
Oct 28, 2009 at 12:03 p.m.
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I wonder how many comments get kicked out that actually contain intelligent discourse versus those that contain emotional blubbering. The only thing this case "proved" was that the plaintiff had no case. That is why after 2 years of trying to get paid, and after 2 years of racking up legal costs, they chose not to have the truth be told. The allegations got far more press than what the actual outcome will ever get, but unfortunately for them, even those allegations weren't good enough to get them paid.

krsmith01
Oct 28, 2009 at 11:34 a.m.
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"The lawsuit claimed Elborough was injured because she was told to practice without safety equipment,. . . .

I don't mean to get off the topic of discussion but, who would have actually told her to go out on that field without safety equipment and why did she actually COMPLY? C'mon, even a child in PAL football would have known better than to do that.

I would give more credibility to Ivy if she would have just stood up for her own health, safety and common sense and said "No, I won't practice without safety equipment, cause ya know what. . .I could possibly break a bone!" But instead she goes out and plays ANYWAY, ends up breaking a bone and THEN chooses to start suing people?! Sorry, I can't rally for someone who isn't using thier head and I don't think Ivy used good judgement here no matter how "sexist" the coach may or may not be. Nothing like a nasty injury (that could have been completely avoided) to help craft the stage for public sympathy. I'm all for standing up for your rights Ivy, but you don't have to be a martyr to get your point across. A hero is just a sandwich!

evansvillesportsfan
Oct 28, 2009 at 10:54 a.m.
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Queen Bee........I don't believe I am in the minority. I stand by my statement that people who write so many negative blogs are just unhappy people who complain about everything. We who support Grovesteen and the district because it was a stupid lawsuit don't blog as much because we are positive supporters, not naysayers like you.

captainweeno
Oct 28, 2009 at 10:29 a.m.
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Pat: You say "she could have taken more time to reach the other party and she did not." Gina reached the other party. "Jeff Olson, an attorney for the family, declined to comment on the details of the settlement." You really think the family will comment if the attorney doesn't?

Talk about needing to take more time to reach anybody, the WSJ didn't reach anybody for any comment. From the WSJ article: "The parties were unavailable Friday afternoon for comment on the settlement of the suit." That's reaching 0 of 2 parties to even ask if they'd like to comment and the WSJ ran a story. Gina reached 2 of 2 parties. One side chose not to comment.

Curtaincall: When settlements are reached, cases are dropped. The wording in this article appears accurate for what happened. The settlement in this case is clearly stated. The family will not pursue further legal recourse and the school district will not pursue its clam for the reimbursement of legal fees. I believe that came in the first sentence. There doesn't have to be an exchange of money.

iamqueenb
Oct 28, 2009 at 10:14 a.m.
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What a joke Evansvilesportsfan, you are a minority. This case just showed grovesteen for what we have know for years he is, sexist.

iamqueenb
Oct 28, 2009 at 10:12 a.m.
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As far as Pat's opinion or not. It's clear this is not the paper she works for. This is open forum for anyone. It is discouraging when someone has to clean up and clarify facts on something they read in a newspaper. I think we have all read articles in this paper where we thought, why not wait until you have all the facts instead of jumping to get half a story to press. I know I have read several comments from people over the last month regarding the Gazette's reporting .

buckyfan
Oct 28, 2009 at 10 a.m.
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Wow, if the other poster pat refers to (who writes for the local paper) is posting on this article, I would hope that local paper cracks down on her/him.

Showing your bias regarding community stories while trashing other reporters/news outlets for writing what they know is immature and reflects poorly on your newspaper. It was nice of pat to shine a light on his/her unprofessionalism.

evansvillesportsfan
Oct 28, 2009 at 9:34 a.m.
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Thank goodness this has finally come to a conclusion. It was a case with no merit from the beginning. The State Journal article was probably written quickly and just lifted statements from the original charges. The author didn't investigate, just slanted it. The Gazette article was the correct one. The sad part to me was that the plaintiff didn't have to pay the lawyer fees for both sides. I also think it should have been pointed out in the Gazette article that the woman is an employee of our district. She is a bitter person who tried to capitalize on a child's injury. Luckily she was shown that she was wrong to have sued the district and the coach. Evansville should be proud of Coach Grovesteen for the many years he has given to sports and hopefully many more!! All of the people that complain are usually people who complain about everything. Nothing makes you happy. Anway, case closed! The district and Grovesteen won. Deb Elborough should be ashamed of herself for suing the district she works in. Glad my kids never had her!!

creativethinking
Oct 28, 2009 at 9:21 a.m.
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I would not be so quick to state that. I think it was more the thought of having to pay the legal fees of the school, if you lose. She could not even sue for what it cost the school in legal fees. Heidi is incorrect though as the insurance rates will go up because of this, and so taxpayers will pay for it in the end. Many people came forward after these allegations, some that went to school there over twenty years ago who talked about grovesteen as being sexist. But I have no doubt what did come out of this, is change. I am certain he will change his practices and learn not to make comments in public about girls playing football. He tarnished his reputation , congrats to Ivy and her mom for standing up for whats right.

goodguy
Oct 28, 2009 at 8:57 a.m.
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Creativethinking? Like assuming someone is immediately guilty just because an accusation is made? Seems far from "creative". The "settlement" of this suit was that the school district agreed to drop its pursuit of their own legal fees once the plaintiff had elected to drop their case. Trial was to begin on Monday, why do you think they dropped the whole thing after incurring 2 years of legal costs? They had already spent thousands of dollars, why not go to trial and take your chances? Heck, there had to be at least a couple of "creativethinkers" in the court room! Oh wait, I bet those "disgraceful" Evansville coaches and school officials had already infiltrated the Federal Court jury pool, so despite the defendants obvious guilt the plaintiff simply had no chance..........

creativethinking
Oct 28, 2009 at 7:16 a.m.
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This is the article she did not have exactly correct.

http://gazettextra.com/news/2009/jul/11/...

You can call the D.O.T. and ask to speak with the mgr. of stimulus funding she will tell you she found it misleading.

pat
Oct 28, 2009 at 7:12 a.m.
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You don't know that I don't . One of the other posters also writes for local paper. Birds eye view.

cynicaleye
Oct 28, 2009 at 6:59 a.m.
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pat, since you SEEM to know more about journalism than the person who wrote this article, why don't you go and apply for a job at the newspaper? Then perhaps the newspaper will suit your narrow views.

creativethinking
Oct 28, 2009 at 6:43 a.m.
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I think this suit was more about change than money from the beginning. This mother wanted to show her daughter that it is not o.k. for anyone to treat you like that because you are female. The mom teaches at the school. This was never about money. She tried to go through the school through the lame athletic director and the coach and then Heidi her self and got no where. This never would have happened if Heiid or Brian Cashore had said, yes your daughter should be treated fairly. grovesteen, cahsore, carvin are all embarrassments to the district. As far as Gina's article, I remember the article she did, concerning stimulus money, and the d.o.t, and Evansville. According too the article Gina did, everyone on W.Main and Fourth were getting free curb and gutter or reduced curb and gutter and that turned out to be very un true.

pat
Oct 28, 2009 at 6:35 a.m.
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Gina screwed up another story regarding Evansville where even a rep. from the d.o.t. said her story was confusing and misleading, because she did not take the time to verify the facts or research the story better. I expect more of a professional to be writing stories for a paper.

pat
Oct 28, 2009 at 6:33 a.m.
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"Cashore said he would try to make sure that the locker room was opened before practice but Grovesteen stated there was nothing he could do, according to court documents."

THIS is from the W.S.J. . So Cashore was going to make sure? Grovesteen said there was nothing he could do.?

Bullxxxx. A associate principal and coach of 30 years can't get the janitor to leave the locker room open so she could get her stuff, and change? Bull .... .. IT tells you how little they tried. Shameful is what it was. They both need to go Cashore and Grovesteen.

localboysince1968
Oct 28, 2009 at 6:18 a.m.
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Pat - the family attorney would not comment, the family could not be reached (maybe no return call?). Often, settlements require that the terms be not discussed. In the case of the school district, they are public funded, so they had to report if any funds were awarded, which was still not discussing the terms. Eitherway, you seem biased and your opinion of Gina is already cast......

pat
Oct 28, 2009 at 6:08 a.m.
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local boy, thank you for pointing that out. I think we all got to involved in the no money paid statement. This article is very different in tone than the W.S.J. article. Gina has been one for at times coming across as favoring the school district, point to this case, she could have taken more time to reach the other party and she did not. It is what it is, many people have known all along by grovesteen's own comments as to what he thought of having girls on his team. It's funny there were several girls on the wrestling team in the last few years, with NO problems. No problems getting their equipment, or being harassed by comments. I would not want to wrestle but too each their own.

localboysince1968
Oct 28, 2009 at 6:03 a.m.
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You people need to read the whole Gazette article. Gina stated that a settlement was made (not a monetary one per school district), and the suit dropped. Don't always assume a settlement revolves around money...

pat
Oct 28, 2009 at 5:37 a.m.
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only one of the two party's anyway. You might want to have tried harder to reach the other party.

pat
Oct 28, 2009 at 5:36 a.m.
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I have always thought it was the freshman coach who along with Grovesteen should have been fired. She was a freshman, part of his team. He is pretty full of himself anyway, but did not get his player off the field with no equipment on. With this being settled, there more than likely is no way to find out how much was paid, they are usually sealed records. Which would make it really easy for someone to be less than honest about the outcome as there would be no way to find out for sure. I did go and read the journal article , I think some one is assuming dropped is the same thing as settled and they are not. Notice the only one they talked to was Heidi Carvin of all people.

iamqueenb
Oct 28, 2009 at 5:14 a.m.
(This comment was removed by the site staff.)
SarahB1
Oct 28, 2009 at 5:13 a.m.
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Any update on the lawsuit against police and Rock County in the murder-suicide case?

curtaincall
Oct 28, 2009 at 5:09 a.m.
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curtaincall
Oct 28, 2009 at 4:54 a.m.
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Gina your article vs the W.S.J. could not be more different if you tried. But then again you always have tried to sugar coat the E.S.D. as much as you can. The W.S.J. is reporting a settlement was reached, and you say it was dropped. They are not the same thing.

iamqueenb
Oct 28, 2009 at 4:43 a.m.
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Thats odd as the Wisconsin State journal article says they reached a settlement.

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