![handle is hein.hackboth/cdrpt2022 and id is 1 raw text is: WINTER 2022
CONCUSSION DEFENSE
REPORTER
Catastrophic Brain Injury Team Scores
Major Win in the Ninth Circuit
By Anthony B. Corleto and Philip
Robert Brinson, of Gordon & Rees
B y unanimous opinion, a Ninth
Circuit panel affirmed summary
judgment against chronic traumatic en-
cephalopathy (CTE) wrongful death
claims brought by the estates of two
young men. Archie v. Pop Warner, No.
20-55081; CD CA 2:16-cv-06603.
Archie was brought by the mothers of
two formeryouth football players, each of
whom died in their mid-twenties, a de-
cade after they last played youth football;
one from a self-inflicted gunshot wound,
the other in a motorcycle accident. The
mothers sued for monetary damages and
to enjoin advertising that youth tackle
football is safe for minor children. Their
theory alleged that exposure to repetitive
contact in football leads to CTE, the
disease process found in autopsied brain
tissue offootball players Aaron Hernandez
and Junior Seau.
The Archie plaintiffs each claim their
son had CTE from playingyouth football,
and this led to the behavior that ended
their lives. Worth noting: each also played
football in high school and one played
into college. Also worth noting, the sui-
cide victim was diagnosed bi-polar and
was admitted multiple times for psychi-
atric holds. In December 2019, District
Court granted Pop Warner's motion for
summary judgment, finding [T]here is
See BRAIN on page 11
Even in Extreme Sport, Court Accords
Primacy of Primary Assumption of Risk
By Jon Heshka, Associate Professor
at Thompson Rivers University
n appellate court in Wolfv. Kaplan,
021-Ohio-2447 has ruled that a
triathlete injured when she crashed in a
race after being clipped by a competitor
cannot claim damages because the colli-
sion was an inherent risk that she assumed.
Mary Ellen Wolf was an experienced
triathlete. She was a certified race director
for USATriathlon, the national governing
body for triathlon, and had qualified for
the USA Triathlon Nationals. During
the August 2018 race, she crashed just
over a mile into its bicycling portion and
sustained a concussion, a closed fracture
of the sacrum, two fractures of the left
pubic bone, and multiple abrasions.
In April 2019, Wolf filed a complaint
against Gregory Kaplan and asserted
claims for battery, assault, negligence,
and gross negligence. Wolf alleged that
Kaplan violated the drafting rules and
caused her to crash. Kaplan filed a mo-
tion for summary judgment that was
opposed by Wolf.
In becoming a member of USA Tri-
athlon, Wolf electronically signed a
Waiver and Release of Liability, Assump-
See EXTREME on page 11
Big Ten Conference Names
Dr. James Borchers Chief
Medical Officer
Court Finds Arguments
Made in Concussion Case
Against NFL Sufficient to
Survive Motion to Dismiss
New South Wales
Supreme Court Dismisses
Controversial Concussion
Lawsuit
2
3
4
Court Rules for Iowa School
District and teacher in
Concussion Lawsuit 5
Attorney Analyzes
Pennsylvania Supreme
Court's Ruling in Onyshko 5
NCAA-DOD CARE
Consortium Receives
$42.65M Award to Launch
the Next Phase of Study 6
The Next Phase of the
CARE Consortium 7
Issue of Past Concussions,
One Arising from
Cheerleading Accident, Are
key Component in Indiana
Supreme Court Decision
8](ViewImageLocal?handle=hein.hackboth/cdrpt2022&div=1&collection=&method=preview&ext=.png&size=3)
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