“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.

9 Comments

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

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  2. mg4life0331

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

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  3. AusDawg85

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

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  4. South FL Dawg

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

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  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?

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