Kevin Ross (plaintiff) was a talented high school basketball player recruited by Creighton University (defendant) to play on its college team. However, Ross scored exceptionally low on the ACT standardized examination and his academic skills were well below par. Ross alleges that Creighton knew he was not prepared to handle college-level courses, but allowed him to enroll in “bonehead” courses such as ceramics, marksmanship, and sports-related classes in order for Ross to maintain his eligibility to play basketball. After four years, Ross’ basketball eligibility expired and he had earned only 96 of the 128 credits required to graduate, had maintained a “D” average, possessed the reading skills of a seventh grader, and had overall language skills of a fourth grader. Thereafter, Creighton representatives obtained remedial education for Ross at a school designed for elementary and high school-aged students. Ross filed suit against Creighton in contract and tort, alleging that the university had an obligation to educate him. The district court dismissed Ross’ suit and he appealed.