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2020 Concussion Defense Reporter 1 (2020)

handle is hein.hackboth/cdrpt2020 and id is 1 raw text is: Route To: /_ _ CONCUSSION ranting Pop Warner Little Scholars (PWLS)'s motion for summary judgment on the eve of trial, a federal district court in California dismissed the claims of two mothers that their sons' deaths at 25, in a motorcycle accident (Kimberly Archie), and at 26, by self- inflicted gunshot wound (Jo Cornell), re- sulted from playingyouth football between age 7 and 12 a decade earlier. Archie, etal, v Pop Warner Little Scholars, USDC, CD CA, 2:16-cv-06603-PSG-PLA. In so ruling, the court cited plaintiffs' failure to show causation as to either death. PWLS was represented by Wilson Elser partners Ian Stewart (Los Angeles) and New York state appeals court has af- firmed the ruling of a trial court and found that a college student-athlete, who sued for negligence after suffering a concus- sion, assumed the risk of injury. The impetus for the lawsuit occurred on September26, 2012 when the plaintiff, then a student-athlete at the defendant Molloy College, was playing for Molloy College in a soccer match on the campus of Holy Family University in Philadelphia, Pennsylvania. The plaintiff allegedly sustained a concus- sion when he was struck in the head with the soccer ball around the 10th minute of the See APPEALS COURT on Page 4 Tony Corleto (Stamford). Archie's son, Paul Jr., played PWLS football from 1997 through 2004. She testified that she did not recall a concus- sion or documented head injury in PWLS football. On September 1, 2014, Paul, Jr. died in a motorcycle collision. Boston University pathologists diagnosed Stage I Chronic Traumatic Encephalopathy (CTE). Cornell's son, Tyler, played PWLS football from 1997 through 2002. She testified that Tyler never had a concussion. His father said he saw Tyler get hit hard at PWLS football practice, testifying that See POP WARNER on Page 9 From the Editor - Tony Corleto Those who were hoping for snow in the Northeast may be disappointed, but winter has brought some exciting developments in Concussion Defense. We are pleased to report on the latest developments in youth football, soccer, science, protective gear related to the defense of concussion claims. Of par- ticular interest-the United States District Court, Central District of California granted Summary Judgment to Pop Warner Football in a CTE-wrongful death case two days after Christmas, and two weeks before trial was to start, and the New York State Appeals Court affirmed dismissal of a college soccer player's PCS / second hit claim, based on primary assumption of the risk. We hope you enjoy this issue. DEF R EP( Winter 2020

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