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7 Concussion Litig. Rep. [1] (2018-2019)

handle is hein.hackneytwo/cclrpt0007 and id is 1 raw text is: July 2018, Vol. 7, No. 1 Timely reporting on developments and legal strategies at the intersection of sports and concussions- articles that benefit practicing attorneys who may be pursuing a claim or defending a client. Contents School District Argues for Immunity in Lawsuit Over Failure to Pad Gym Wall Teenage Soccer Players Target Soccer's Governing Bodies with Concussion Lawsuit Role of Sports Concussions Figures Prominently in Nebraska Supreme Court's Sympathetic Decision in Criminal Case Former (University of Wisconsin Football Player) Plans Legal Action; Says He 'Wasn't Aware of Brain Injury' Risk IHSA Board of Directors Promotes Safety With a New Concussion Policy Will Settlement in Ploetz Case Open the Floodgates? Massachusetts State Appeals Court Affirms That School District Is Shielded by Governmental Immunity in Concussion Case Increased Helmet Use in Alpine Sports Fails to Reduce Risk of Traumatic Brain Injury, But Does Reduce Other Injuries CSMAS Forms New Concussion Advisory Group Study Finds That Requiring Protective Headgear Actually Increased Concussion Risk for Girls' Lacrosse Players School District Argues for Immunity in Lawsuit Over Failure to Pad Gym Wall A Pennsylvania commonwealth court's decision to allow a student to sue a Philadelphia school district for failing to pad a concrete gym wall was a clear case of flip-flopping, an attorney representing the district told the Pennsylvania Supreme Court last month. The attorney suggested that the appeals court erred when it found that plaintiff Jarrett Brewington, who suffered a concussion after he collided with a concrete wall, could sue his client for failing to pad the wall. The incident occurred on May 9, 2012, The plaintiff was participating in a relay race and the unprotected concrete wall served as the finish line. That day, the plaintiff tripped and fell, striking his head on the wall and suffering a concussion. This caused Brewington to miss the last few weeks of the school year. While he returned to school the following year, he allegedly had memory problems and his grades fell. Before the state's highest court, defense attorney Allison Petersen, of the Levin Legal Group, argued that the Commonwealth Court's decision was at odds with multiple opinions over the past 20 years reaching differing conclusions. The Commonwealth Court had held that Brewington could sue the district, holding that the facts fell under the real property exception to the general rule for governmental immunity, which exists within Pennsylvania's Tort Claims Act. Petersen argued that, under the Political Subdivisions Tort Claims Act, the district cannot be subject to lawsuits where the conduct does not arise out of the care, control or custody of real estate, which

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