Category Archives: Football
(Editor’s Note: What follows is an excerpt from an article in the recent issue of Concussion Litigation Reporter. To read the full article, please subscribe at http://concussionpolicyandthelaw.com/subscribe/)
In so ruling, the court determined that because the coach could not have foreseen the injury, the coach’s actions did not cross the necessary threshold, or exhibit “a degree of culpability that shock the conscience.”
Describing the factual scenario as “tragic,” the court noted that, in September 2014, the plaintiff was a member of a non-competitive cheerleading squad sponsored by a local high school. During that membership, the plaintiff was supervised and coached by the individual defendant and coach, who had been appointed as a cheerleading coach by the school board in March 2014. Prior to this appointment beginning in the fall of 2014, coach had never before served as a cheerleading coach.
While under the tutelage of the coach, the plaintiff suffered the three injuries to her head, which form the basis of this suit. On Sept. 10, 2014, she was injured twice during cheerleading practice. The first injury occurred when the plaintiff threw another cheerleader into the air and the other cheerleader’s feet struck her in her sternum. The impact caused her to fall to the ground and hit the back of her head on the mat. She suffered immediate symptoms of dizziness, fogginess, headache pain, and being tired.
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At the recent SEC media days, Alabama Head Football Coach Nick Saban told journalists that the concussion issue may be overblown as it relates to football.
“We’re all working very hard on for player safety so that we don’t have issues,” he said in an interview. “But I think it’s a little unfair in some ways to football when there’s other sports that you never talk about that people seem to be totally fine with that actually have just as many or more issues when it comes to concussions and injuries as football does. But we always talk about the issues that we have in football.”
He added that the benefits of playing football still outweigh the negatives.
“It’s a great team game,” he said. “There are a lot of lessons to be learned in any athletic competition, but football — because of the number of participants and number of people who can contribute — is phenomenal. It was really good for me growing up to develop some of the attributes that it takes to be successful, whether it was commitment, hard work, perseverance, ability to overcome adversity, pride in performance. Every person has to weigh the advantages and disadvantages.”
Here’s the table of contents of the July 2017 (Vol. 6, No. 1) issue of Concussion Litigation Reporter, which features timely reporting on developments and legal strategies at the intersection of sports and concussions.
- Fourth Circuit Affirms Lower Court Ruling, Finding NFL’s Post-Retirement Disability Apparatus Failed Ex-Player
- Court Dismisses Concussion Lawsuit Against Coach as Her Inexperience Works in Her Favor
- Boogaard Ruling Blurs NHL Liability in Head-Injury Suits
- Negligence or Assumption of Risk? The Case of Rugby Player George North
- A Boxing Tragedy: The Prichard Colon Case
- Bylaw Giving Teeth to Physicians and Athletic Trainers in Return-to-Play Decisions Set to Kick Off for Division II and III
- Head Impact Exposure Increases as Youth Football Players Get Older, Bigger
- Magistrate Recommends That Some of Omnibus Claim From Mother and Her Concussed Daughter Can Continue
- Looking in all the Wrong Places: The Tragic Death of Aaron Hernandez