FORT MYERS, Fla. — The lawsuit against Riverdale High School, the Lee County School Board, and Lee County EMS continues after it was dismissed from federal court in October.
This lawsuit was brought forward following the death of 16-year old Zachary Polsenberg, who died just days after suffering a heat stroke while running drills with his Riverdale High School football team in 2017.
Polsenberg's mother, filed the lawsuit.
A federal judge dismissed the case from federal court, but as the family's attorney Ty Roland explained it, this lawsuit is a blend of federal and state claims.
While the federal claims have been dismissed, the state claims can still proceed at the state level.
The state court claims include negligence and wrongful death.
"Specifically, as it relates to Zach when he started to show signs of illness, he was not attended to appropriately. They did not call 911 when they should have, and did not attend Zach how they should have," said Roland.
Roland says Polsenberg's death was completely preventable. Roland says the family remains completely undaunted that the case will move forward through the state court.
