“But in our law, tragedy does not equal liability.”

In the Derek Sheely case, the NCAA continues to be hoisted on its own petard.

A Maryland judge on Wednesday denied summary judgment to the NCAA in a lawsuit over the death of a former Frostburg State football player, setting the stage for a potential trial in June.

In a significant opinion reflecting how concussions are evolving before the courts, Montgomery County Circuit Court Judge David Boynton ruled that the type of head injury that allegedly killed Derek Sheely — second-impact syndrome from multiple concussions — is not a known inherent risk of playing football. Second-impact syndrome has been described as a condition that occurs when the brain swells rapidly after a person suffers a second concussion before symptoms from an earlier one have subsided.

The NCAA argued that since it’s a sports organization it has no legal duty to protect college athletes. Boynton acknowledged that is true under Maryland law for sports organizations, but determined the NCAA has a “special relationship” since its mission statement is to protect college athletes. Boynton said since there’s not an obvious risk inherent to football, a legal duty to warn exists, and there’s enough dispute in the Sheely case for a jury to hear the arguments.  [Emphasis added.]

Holding Mark Emmert accountable for his own sanctimonious bullshit?  Man, that’s not fair.


Filed under See You In Court, The NCAA

9 responses to ““But in our law, tragedy does not equal liability.”

  1. Dog in Fla

    Wait until they get Galileo on the stand


  2. mg4life0331

    Its getting so sad with those guys. Every damn step they take hits a land mine lol.


  3. AusDawg85

    Nothing can make “member” institutions jump ship than a levy to pay for lost court settlements.


  4. South FL Dawg

    Little by little, the NCAA’s day is coming.


  5. Otto

    Is Pat of you sad that Adams didn’t get the job so that someone could hold him accountable for his own sanctimonious bullshit?