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2020 Sports Medicine and the Law 1 (2020)

handle is hein.hackboth/sptsmdlw2020 and id is 1 raw text is: Route To: /_/ SPORTS MEDIC and the Safe! Jury Finds High School Baseball Coach Not Liable In Bang-Bang Play By Jon Hughes and Kacie Kergides, of Montgomery McCracken Walker & Rhoads LLP n April 4, 2012, something that has happened thousands of times before-and thousands of times since-left one student-athlete catastrophically injured: a high school baseball coach instructed one of his players to slide into third base. S .ding into the Facts In April 2012, Jake Mesar was a fifteen- year-old freshman on the junior varsity baseball team at Bound Brook High School in Bound Brook, NewJersey. Dur- ing the second inning of Bound Brook's first baseball game of the season-and Mesar's first game of his high school career-Mesar hit a line drive into the outfield, scoring two runs for his team. As Mesar began to make his way around the bases, John Suk, Bound Brook's third base coach, instructed Mesar to slide into third base. Mesar slid, and in doing so, suffered a catastrophic ankle injury. The injury was so severe it required multiple surgeries and a stem cell injection. Mesar was also required to wear an external sta- bilizing frame to keep the bones properly aligned, and, at one point, a doctor told Mesar that amputation would be required. Fortunately, Mesar ultimately recovered, but doctors recommended that he never play baseball again. See SAFE! on Page 9 Mind the (Causal) Gap: Plaintiffs' Experts Fail To Tie Death To CTE, CTE To Football By Jack K. Hagerty and Dylan F Henry, of Montgomery McCracken Walker & Rhoads LLP Head- -Head -The Case In December 2019, a Court for the Cen- tral District of California granted sum- mary judgment in favor of Pop Warner Little Scholars, Inc., ending a three-year case brought against Pop Warner by two mothers who claimed their sons devel- oped Chronic Traumatic Encephalopathy (CTE) from playing Pop Warner foot- ball.1 Paul Bright Jr. (Kimberly Archie's 1 Archie v. Pop Warner Little Scholars, Inc., No. son) and Tyler Cornell (Jo Cornell's son) both played Pop Warner football in their youth, bothpassedawayin2014, andboth were alleged to have Stage I CTE, which was discovered in postmortem autopsies of their brains. Bright Jr. passed away at age 24 from a motorcycle accident; Cornell passed away at age 25 by suicide. The mothers filed a class-action lawsuit in September 2016, alleging Pop Warner failed to provide for the safety and health 16-6603 (C.D. Cal. Dec. 27, 2019) (order granting summary judgment to defendants). See PLAINTIFFS' on Page 11 Winter 2020

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