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An attorney representing Adam Schwindt has filed a lawsuit against the University of San Diego, claiming Schwindt was denied his due rights and not permitted to resume playing on the Torero

baseball team after a near-fatal accident in the fall of 1989. Schwindt, a pitcher for USD, was struck in the head by a batted ball in September, 1989, during a Torero practice. Collapsing

on the mound, Schwindt suffered massive head injuries and was taken to Sharp Memorial Hospital where he underwent surgery to alleviate a blood clot near his brain, then spent 10 days in a

drug-induced coma. He was released from the hospital within a month and vowed to return to the baseball team. The suit claims Schwindt was denied that opportunity by USD--which believed the

decision was in the best interest of the athlete--despite receiving a medical clearance from his neurological surgeon, Dr. Justin Renaudin. The basis of the suit claims that under the

Rehabilitation Act of 1973, Schwindt is a “handicapped individual” and the university is subject to the Act because it receives federal funds. As an adult, Schwindt, 21, has the right to

decide and is capable of assessing the risks and consequences of playing Division I baseball so long as he is an “otherwise qualified individual,” according to the suit. Schwindt is seeking

the right to participate and attorney and courts fees. He is not seeking compensation nor punitive damages and has agreed to sign a document agreeing not to sue if re-injured. Schwindt

indicated a great respect for USD, its administrators, coaches and teammates. That is why he chose this action rather than transferring to another university. USD Athletic Director Tom

Iannacone declined comment on the case. MORE TO READ