A 2009 Mississippi State University student is seeking to add the university to his lawsuit against the Southeastern Conference and another 2009 MSU student who allegedly assaulted him with a steel cowbell at the 2009 Egg Bowl.
William Matthew Brasher, legal resident of Alabama, and his attorneys are attempting to amend their suit, claiming MSU and President Mark Keenum “knew or should have known that failure to enforce the ban on cowbells and/or failure to take adequate steps to ensure the ban on cowbells was enforced would/could result in the type of damage inflicted upon Mr. Brasher,” in a motion the Oktibbeha County Circuit Court received Monday.
The motion has not yet been approved in court.
“Mississippi State University and Dr. Keenum knowingly decided not to take steps to enforce the ban on cowbells despite their knowledge [of the rules being broken], as did the security companies hired by MSU,” the amendment stated.
Maridith Geuder, director of university relations, declined to comment on the lawsuit.
“The university, as a practice, does not comment on [ongoing] litigations,” she said.
Before seeking to add MSU to the suit, Brasher’s attorneys sent a notice of claim to Keenum, stating because of the incident and improper treatment from a physician at John Longest Student Health Center afterward, Brasher was subject to $10 million in compensation from MSU.
This February, the suit was amended to include the Event Operations Group, which was the security company MSU hired to work during the 2009 Egg Bowl.
According to the suit, the security company “had a duty to protect Mr. Brasher from a cowbell attack by Vowell.”
The original suit, filed in November of last year by Oxford attorney Douglas Foster, seeks unspecified claims against the SEC, SEC Commissioner Mike Slive, Brent Vowell, the student who is being charged with Brasher’s assault and ten John Does “whose identities and/or liability are currently unknown but may be liable for all or part of Mr. Brasher’s  injuries in this matter.”
The suit claims Vowell struck Brasher in the head with a steel cowbell inside Davis Wade Stadium. Brasher was knocked unconscious and suffered a serious head injury. The suit claims Brasher suffered from “a 4-inch laceration requiring staples to close the gash exposing Mr. Brasher’s skull, a concussion, memory loss, mental and emotional distress and anguish, depression, paranoia, anxiety, loss of enjoyment of life and the inability to pursue prior educational and professional goals.”
During the time of the incident, a 1974-adopted SEC policy was in place that banned artificial noisemakers, including cowbells, from being brought inside SEC-members’ sports venues during SEC games. The ticket of the 2009 Egg Bowl also specified noisemakers were not allowed in the stadium.
The suit claims the SEC and Slive have known for many years, as has every sports fan in the country, MSU ignored and did not enforce the SEC rule prohibiting artificial noisemakers. Despite this knowledge, the SEC did not take the necessary steps to enforce its own prohibitions for SEC events that occurred prior to the 2010 football season.
The SEC’s knowing refusal to take steps necessary to enforce its rule prohibiting cowbells, according to the suit, caused a serious head injury to Mr. Brasher.
“If the SEC had taken the steps necessary to enforce its rule prohibiting artificial noisemakers, including cowbells, Mr. Brasher would not have been attacked,” the suit claimed.
The suit refers to the cowbell as a deadly weapon.
The suit claims the SEC and Slive were negligent and/or grossly negligent in failing to adopt and enforce policies.
“The plaintiff lacks standing to assert claims or causes of action under the noisemaker rule, which is the subject of complaint,” the SEC replied in response to the suit. “The plaintiff has no basis of face or law to assert a claim for punitive damages against [the SEC].”
In its response, the SEC also said it is the responsibility of the members of its institution to enforce policies.
“It is admitted that certain rules apply to football games between SEC member institutions,” the SEC response said. “These rules and/or regulations speak for themselves.”
The SEC declined to comment on the ongoing lawsuit.
Vowell is being charged with assault for using a deadly weapon “that was likely to produce death or serious bodily harm.” His trial is scheduled later this month.
“[Vowell] admitted to bringing a cowbell [to the game] but denies he attacked Brasher,” a claim on Vowell’s behalf said.
Scott Stricklin, director of MSU’s athletic department declined to comment on the lawsuit, but addressed the use of cowbells.
“The cowbell is a great tradition, and it means a lot to the people at Mississippi State, which is why we worked hard to keep the tradition alive, and we hope to [keep] moving forward,” he said.