AU's Athletic Department denies claims made against the school and wrestling coach Mark Cody in a lawsuit recently filed by former AU wrestler Adam LoPiccolo.
“We deny the allegations in the complaint and we intend to defend the university and our coach vigorously,” an AU statement said.
LoPiccolo filed the federal lawsuit in Pennsylvania against AU, AU's Board of Trustees, former Interim Athletic Director Robert Acunto and wrestling coach Mark Cody.
LoPiccolo is asking for an amount that exceeds the sum of $75,000, according to the suit, filed June 29 in the United States District Court for the Eastern District of Pennsylvania.
He claims that while wrestling Cody he was cut by the coach’s fingernails and started to bleed. He claims that the coach told him to “be a warrior” and continue to wrestle. The wound became infected and he was later diagnosed with a staph infection known as Methicillin-resistant Staphylococcus aureus (MRSA).
The lawsuit says that after LoPiccolo informed Cody of his injury by phone, he put Cody on the phone with the doctor per the coach’s request. After Cody spoke with the physician who had diagnosed the MRSA, LoPiccolo was given a discharge sheet saying he had Cellulitis.
He claims that Cody told him, while at the NCAA Division I Wrestling Championships, if he mentioned being diagnosed with MRSA he “could kiss his scholarship goodbye.”
According to the lawsuit, in January of 2007 LoPiccolo contracted the flu and was ordered bed rest by his doctors. He was informed missing time from the team would not be a problem.
LoPiccolo claims that when he returned to the team he was informed he had missed a random drug test that instituted by Cody during the days he was out sick. He was informed he had been cut from the team the following day.
The lawsuit lists six counts against the school, Acunto and Cody. The counts are Breach of Contract, Breach of the Duty of Good Faith and Fair Dealing, Fraud in the Inducement, Intentional Infliction of Emotional Distress, Assault and Negligence.
The lawsuit was first reported July 2 by the website courthousenews.com.
You can reach this staff writer at slindauer@theeagleonline.com.
