(Editor’s Note: What follows is an excerpt from an article that appeared in the March Concussion Litigation Reporter)A New York state trial court has denied the NFL’s motion to dismiss a claim in which the son of a former NFL player, who was diagnosed with chronic traumatic encephalopathy (CTE) after his death, sued the league for fraud and negligence.
The lawsuit was filed by Arthur DeCarlo Jr. after his father, Art DeCarlo, died in 2013. DeCarlo Jr. alleged in the complaint that the risks associated with repeated head blows have been researched and written about in medical journals for nearly a century. Yet, the NFL “ignored, minimized, disputed and suppressed” such studies linking CTE to football. The “century” reference is important because DeCarlo played football for the defendant from 1953 to 1961.
Specifically, he asserted the following causes of action: “(1) counts one and two-fraudulent concealment and fraud; (2) count three-civil conspiracy; (3) counts four and five-negligence; (4) count six-negligent misrepresentation; (5) counts seven and eight-negligent hiring and retention; and (6) count nine-wrongful death and survival.
The NFL moved to dismiss the complaint, arguing that the claims … (To see the full article, please subscribe at http://concussionpolicyandthelaw.com/subscribe/)