Negligence: Father’s suit over son’s football injury is dismissed

Where a father sued Boston College and other defendants after his son suffered a severe knee injury while playing collegiate football, his suit was dismissed. Because the father is not an attorney, he cannot represent his son in court.

Background

Mike Cline, acting pro se, asserts claims of negligence and gross negligence against defendants for their alleged failure to uphold their “special duty of care” owed to plaintiff’s adult son, Kevin Cline, a student athlete at Boston College. The claims allegedly arise out of injuries that Kevin Cline suffered on Sept. 10, 2022, while playing football for Boston College during a game against Virginia Tech in Blacksburg, Virginia. Plaintiff contends that Kevin Cline “suffered a severe knee injury” because defendants breached their special duty to Kevin Cline when they improperly repaired his broken knee brace. Defendants have filed a motion to dismiss.

Analysis

It is clear from the pleadings in this suit that the only named plaintiff is Mike Cline, the father of Kevin Cline. Based on his opposition to the motion to dismiss, plaintiff also does not contest that he, not Kevin Cline, filed the original complaint. However, because Mike Cline is not a lawyer, he cannot represent his son in court under clearly established precedent.

Nor can plaintiff cure the deficiencies of his suit by repeatedly referring to his son as the other plaintiff in the pleadings. Under Fed. R. Civ. P. 11(a), every pleading must be signed by an attorney of record “or by a party personally if the party is unrepresented.” Kevin Cline’s signature does not appear on any of the pleadings. Accordingly, because Mike Cline lacks standing and cannot bring suit on behalf of his son, and Kevin Cline is not a named plaintiff, the court dismisses this suit without prejudice.

Defendants’ motion to dismiss granted.

Cline v. Boston College Athletics, Case No. 1:25-cv-500, Nov. 4, 2025. EDVA at Alexandria (Giles). VLW 025-3-465. 6 pp.