James Franklin asked Trace McSorley to testify for defense in fired team doc’s trial
Attorney, Steven F. Marino of Marino Associates, questions McSorley on the stand, “Did he [Coash Franlkin] say, Go down and support me?”
News Coverage
PENN LIVE
by John Luciew | published May 28, 2024
A star Penn State quarterback who took the witness stand Tuesday afternoon in a fired team doctor’s lawsuit testified he was appearing for the defense at the request of head coach James Franklin.
“Coach Franklin reached out about me being here today. I respect Coach Franklin a lot. I wanted to be here,” former Nittany Lions QB Trace McSorley said from the witness stand in Dauphin County Court.
He’s the first of two former PSU stars– Eagles running back Saquon Barkley being the other – expected to appear for the defense in the wrongful termination trial of Dr. Scott Lynch. The former team orthopedics consultant and medical director for Penn State Athletics was removed from his dual roles in 2019, prompting his suit.
Asked by Lynch’s attorney, Steven Marino, what Franklin told McSorley about the case and his testimony, the quarterback said: “He gave me some of the rundown of what’s been going on…Dr. Lynch is arguing how he got removed from his position.”
“Did he say, ‘go down and support me?’” Marino asked.
“No,” McSorley replied.
Asked who else talked to him about his testimony, McSorley said he spoke to Franklin’s attorney and a member of the Penn State Health defense team. He said the latter lawyer outlined what to expect and some of the questions he could face. McSorley said he wasn’t told how to answer, and his responses weren’t discussed.
“I have been brought up in the case, and I wanted to be here and use my voice,” McSorley testified.
The Lions QB for the 2014-18 seasons was drawn into the case due to a football injury he sustained in the 2019 Citrus Bowl.
In prior testimony it was stated Lynch’s in-game exam of McSorley concluded a bone in his foot might be broken. At halftime, a Penn State spokesman told the press covering the game the injured quarterback would not return.
McSorley testified his foot began feeling better in the second half. He requested a re-evaluation by the medical staff because he wanted to return to the game. McSorley said he couldn’t recall if Lynch was involved in the re-exam.
In the end, the quarterback was medically cleared, and he returned to the contest. It was later confirmed by medical tests that the QB’s foot wasn’t broken.
“I lobbied for myself to go back out and try to win that game,” McSorley testified, adding he never witnessed any pressure from Franklin on the foot injury — nor any other injury he sustained during his Penn State career.
“His first inclination was always to see how I’m doing,” McSorley said of Franklin, quoting the coach as saying: “How’s the recovery going? How are you feeling? He was always asking me where I was, how I felt.”
McSorley testified he and his family opted to have shoulder surgery at Penn State Health in Hershey, rather than at a local hospital in State College. An orthopedic surgeon with the sub-specialty of shoulders was the lead on the operation, with Lynch assisting. Thus, it was not Lynch being based in Hershey that necessitated the surgery be conducted there.
Rather, McSorley testified he and his family preferred the facilities and surgeons available in Hershey over those in State College. Penn State Athletics’ “frustrations” over players being forced to travel to Hershey to undergo surgery by Lynch has been a major theme in the case and a chief factor in his firing.
The example underscored Marino’s contention throughout the trial that the choice of the surgical venue is a medical decision best left to the doctor in consultation with a player and his family.
In an odd exchange, Marino questioned McSorley at length about his role in a 2023 trustee’s election involving Anthony Lubrano, who was present as a spectator in the courtroom.
McSorley testified he invited, and the trustee attended, the player’s wedding. The subject of Lubrano’s re-election came up at the reception, the player said. Lubrano asked for and received a pledge of McSorley’s support in the election. The trustee then gave McSorley one of his campaign buttons, which the player was later photographed wearing.
Later, McSorley said he learned from Franklin that Lubrano was “adverse” to the head coach’s interests. So, when Lubrano posted the photo of McSorley wearing his campaign button, McSorley dispatched a social media post to “Penn State Nation” denying he gave the trustee permission to use the photo.
“I said something that was false,” McSorley testified.
“You betrayed that nation that you somehow did not give that man permission to use that picture,” Marino stated.
McSorley denied Franklin asked him to issue the denial. McSorley also testified he reneged on his pledge to vote for Lubrano.
“I believe I actually forget to put my vote in,” McSorley testified, adding: “Yes, I probably would not have voted for him. I personally felt he tried to take advantage of him being at my wedding by asking me to vote for him.”
Under Marino’s questioning, McSorley described being “eternally grateful” to Franklin, but he denied feeling “indebted” to the coach.
Lynch claims he was terminated in 2019 because he refused to “allow a coach to interfere with his medical treatment and return to play decisions,” referring to Franklin, who took over in 2014.
Lynch says he reported Franklin’s interference to Penn State Athletics and Penn State Health, including his immediate supervisor there, Dr. Black, who’s also being sued by Lynch. He is seeking both compensatory and punitive damages in the case. Franklin and Penn State Athletics were dropped from the lawsuit over a filing technicality.
MORE COVERAGE:
> Penn State player’s medical malpractice suit exposed doctor’s shortcomings, ex-athletic director says
> > Defense lawyer lays into fired Penn State football doctor for poor communication, mistakes
> > Defense lawyer lays into fired Penn State football doctor for ‘poor communication, mistakes’
> Meeting with James Franklin preceded team doctor’s firing, supervisor says
> Top 10 moments (so far) from fired Penn State football doctor’s trial
> Emails detail deteriorating relationship between James Franklin, fired football doctor
If you or someone you know believes you have been wrongfully terminated from employment, Marino Associates can help. Use the free case evaluation form or call 215-462-3200 to speak to one of our expert attorneys who will give you immediate answers to important questions.
Publisher
Published By: PENNLIVE.COM, May 28, 2024 | Written by: John Luciew