IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND CIVIL DIVISION

NAHDI NAH 29 Pickering Place Germantown, MD 20876

and

TO THE USE OF CARLTON MILLER, LIBERIA

and

ALSTON S. NAH Personal Representative of the Estate of EDWIN D. MILLER

12 Running Brook Drive Windsor Mill, MD 21244

Plaintiffs

VS.

MARK MARADEI 819 Apache Court . Frederick, MD

and - al

JOSEPH P. TEHAAN 10800 Dewey Way East New Market, MD

and

EVIN J. TEHAAN 5773 Mussetter Court New Market, MD \ 4 and

Case No.

MONTGOMERY COUNTY BOARD OF EDUCATION a/k/a BOARD OF EDUCATION FOR MONTGOMERY COUNTY

a/k/a MONTGOMERY COUNTY PUBLIC SCHOOLS 850 Hungerford Drive Rockville, MD 20850

SERVE Joshua Starr Superintendent 850 Hungerford Drive Rockville, MD 20850

Defendants

COMPLAINT

COMES NOW Plaintiffs, Nandi Nah, use Plaintiff, Canton

Miller and Alston S. Nah, by counsel, Costello & Edwards, LLC,

and sues the Defendants, and as grounds therefore states:

COUNT I (Wrongful Death)

1. That the Plaintiff, Nandi Nah, is an adult citizen in

the United States residing in Montgomery County, Maryland.

2. That the use Plaintiff, Canton Miller is a citizen of

Liberia.

3. That Plaintiff, Nandi Nah, and the use Plaintiff,

Canton Miller, are the parents of Edwin D. Miller, who, on July

2, 2009 was 16 years old and a junior at Northwest High School

in Germantown, Maryland which was owned and operated by the

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Defendant, Montgomery County Board of Education, a/k/a Board of

Education for Montgomery County, a/k/a Montgomery County Public

Schools (hereinafter referred to as "Board of Education for

Montgomery County").

4. That the individual Defendants are habitually engaged

in an avocation in Montgomery County, Maryland.

5. That the facts giving rise to the instant lawsuit

occurred in Montgomery County, Maryland therefore venue is

proper in this court.

6. That on and before July 2, 2009, the Defendant, Board

of Education for Montgomery County, offered to its students,

including Edwin D. Miller, the opportunity to participate in

extra-curricular sporting activities, including football.

7. That in the summer of 2009 the Defendants, Mark

Maradei, Joseph P. Tehaan, and Kevin Tehaan, individually and as

employees of the Defendant, Board of Education for Montgomery

County, were serving as football coaches at Northwest High

School.

8. That the Defendants, both as individuals and as

employees of the school board, advised students, including Edwin

Miller, that they could and should participate in workouts at

the high school if they wanted to play on the Northwest High

School football team.

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9. To that end, the Defendants, Maradei, and the Tehaans,

individually, and as servants, agents and employees of the

Defendant, Board of Education for Montgomery County, and the

Board of Education of Montgomery County, conducted workouts for

the students, including Edwin D. Miller.

10. That in conducting said workouts, the Defendants,

I Maradei, the Tehaans, and the Board of Education for Montgomery

I County, owed a duty to the student athletes, including but not

limited to Edwin D. Miller, to exercise reasonable care for the

safety of their students, so that said students would avoid

foreseeable risk of injury.

11. That said duty included but was not limited to:

A. Insuring that student athletes were in sufficient

physical condition to undergo the drills

performed.

B. Provide adequate water, supplies, and equipment,

and other safety measures, to treat any student

athlete injured during the workouts.

C. To conduct the workouts in such a fashion so as

to avoid subjecting participants from risk of

injury or bodily harm.

D. To otherwise exercise reasonable care so that the

student athletes would avoid injury and if

injured, would be properly taken care of.

as

12. Notwithstanding said duties the Defendants negligently

failed to make sure Edwin Miller was in sufficient physical

condition to safely participate in the drills, negligently

required Mr. Miller to participate in drills when he was

physically incapable of doing so without subjecting himself to

serious bodily harm, negligently failed to furnish necessary

trainers, and/or first-aid equipment, water, and/or ice, or

other safety equipment, so as to treat players, including Mr.

Miller, adequately for heat exhaustion, exhaustion, or other

maladies, and otherwise negligently failed to conduct the

workouts in a fashion to avoid subjecting Mr. Miller from

serious bodily harm.

13. That as a result of the aforesaid negligence of the

Defendants, Maradei, and the Tehaans, individually and as

servants, agents and employees of the Defendant, Board of

Education of Montgomery County, and the Board of Education of

Montgomery County, Edwin D. Miller was caused to suffer heat

stroke, due to over-exertion, while being required to

participate in wind sprints, and excessive running.

14. That as a result of the aforesaid negligence, the

Defendant, Edwin D. Miller collapsed due to heat exhaustion and

at that point in time, the Defendants negligently failed to

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supply him with adequate supplies of water and/or ice or other

emergency care to treat his condition despite having a duty to

Ido so.

15. That as a result of the aforesaid negligence of the

Defendants, without any negligence on the part of the decedent

I contributing thereto, Edwin D. Miller was caused to suffer severe, painful and permanent injury of body and mind, including

heat exhaustion.

16. That as a result of the aforesaid injuries the

Plaintiffs’ decedent, Edwin D. Miller, was hospitalized at Shady

Grove Adventist Hospital, and Children’s National Medical Center

and died of heat exhaustion on July 6, 2009.

17. That at all material times the Plaintiffs, Nandi Nah,

and the use Plaintiff, Canton Miller, were the parents of Edwin

D. Miller, a minor.

18. That as a result of the aforesaid negligence of the

Defendants, which caused the death of their son, the Plaintiffs,

Nandi Nah and Canton Miller, have been caused to suffer a loss

of love, companionship, mental anguish, emotional pain and

suffering, a loss of comfort, protection, care, attention,

advice, counsel and guidance, all or part of which are permanent

in nature.

ff 91

WHEREFORE, the Plaintiffs, Nandi Nah, and to the use of

ICarlton Miller, sue the Defendants, Mark Maradei, Joseph P.

I Tehaan, Kevin J. Tehaan, and the Montgomery County Board of Education, a/k/a Board of Education for Montgomery County, a/k/a

Montgomery County Public Schools, and demand judgment against

them jointly and severally in the amount of $2,000,000.00 plus

costs.

COUNT II (Survival Action)

The Plaintiff, Alston S. Nah, Personal Representative of

the Estate of Edwin D. Miller, incorporates by reference the

material factual allegations of Count I and states:

19. That at all material times he was and is the Personal

Representative of the Estate of Edwin D. Miller having been

appointed by the Register of Wills for Montgomery County.

20. That as a result of the aforesaid negligence of the

Defendants, without any negligence on the part of the individual

decedent contributing thereto the decedent, Edwin D. Miller was

caused to suffer severe, painful and permanent injuries of body

and mind, culminating in his death on July 6, 2009.

21. That as a result of the aforesaid negligence of the

Defendants, the decedent’s estate has been caused to incur

substantial medical expenses, has been caused to incur funeral

and burial bills.

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WHEREFORE, the Plaintiff, Alston S. Nah, sues the

Defendants, Mark Maradei, Joseph P. Tehaan, Kevin J. Tehaan,

Montgomery County Board of Education, and each of them and

demands judgment against them in the amount of $1,000,000.00,

plus costs jointly and severally.

COUNT III (Medical/Funeral Necessities)

The Plaintiff, Nandi Nah, incorporates by reference the

material factual allegations of Count I and states that at all

material times she was and is the mother of Edwin D. Miller,

who, on July 6, 2009 was a minor.

22. That as such, the Plaintiff, Nandi Nah was and is

responsible for the medical and other necessities of her minor

child, Edwin D. Miller.

23. That as a result of the aforesaid negligence of the

Defendants, and each of them, the Plaintiff, Nandi Nah has been

caused to incur some substantial medical expenses for the

treatment of her son’s injuries, his funeral and burial

expenses.

WHEREFORE, the Plaintiff, Nandi Nah, sues the Defendants,

Mark Maradei, Joseph P. Tehaan, Kevin Tehaan, and the Board of

Education for Montgomery County, a/k/a Montgomery County Board

of Education, a/k/a Montgomery County Public Schools and demands

judgment against them jointly and severally in the amount of

$1,000,000.00 plus costs.

COSTELLO & EDWARDS, LLC

John F.X. Costello 5845 Allentown Road Camp Springs, MD 20746 (301) 925-9080

DEMAND FOR JURY TRIAL

The Plaintiff demands trial by jury as to all issues

contained herein.

J n F.X. Costello

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