Tag Archives: dismiss
(The following is excerpted from an article that appears in the July 2013 Issue of Concussion Litigation Reporter in which a District of Columbia judge denies a motion for a former player’s lawsuit to be dismissed.)
“A judge in the Superior Court for the District of Columbia has blocked a bid by D.C. Soccer LLC (which now operates as D.C. United) to dismiss a lawsuit brought by a former player, who alleged that the club and some of its officials were negligent in recognizing and treating a concussion that he suffered, which ultimately became a career-ending injury.
The club argued unsuccessfully that it was protected by the Workers’ Compensation Act (WCA), which provides wages and medical benefits for employees injured on the job.
The incident in question occurred on Sept. 9, 2009 when plaintiff Bryan Namoff collided with a Kansas City Wizards player and suffered a blow to the head. He alleged that D.C. United’s physician Dr. Christopher Annunziata failed to leave the sideline to examine Namoff after the hit.
Namoff claimed that, after the game, he informed athletic trainer Brian Goodstein “that he did not feel right, that the lights were hazy, and that he had no peripheral vision.” He alleged that neither Dr. Annunziata nor Goodstein assessed, evaluated or examined him after the game from Sept. 9 through Sept. 12.”
To read the complete article, go to: https://concussionpolicyandthelaw.com/concussion-litigation-reporter/