State Supreme Court Affirms Dismissal of Concussion Case

(Editor’s note: The following synopsis is from a case summary that will appear in the December issue of Concussion Litigation Reporter)

A state supreme court has affirmed the ruling of a district court, which dismissed the claim of a college athlete, who alleged that the school was negligent when it allowed him to continue to compete after he suffered a concussion.

Central to the court’s ruling was its conclusion that the lower court did not abuse its discretion when it struck expert affidavits of the plaintiff.

The plaintiff in the case was a student athlete, who, each year as an active member of the team, signed liability waivers releasing his school from any claims for damages or injuries sustained while participating in athletics.

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