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2 Concussion Litig. Rep. [1] (2013-2014)

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July 2013, Vol. 2, 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


     Hit by Pitch - or a Bat, or a Line Drive, or a Co-Participant...
     Judge Denies Motion to Dismiss, Namoff Concussion Litigation Proceeds
     An Investigation of Interscholastic Athletic Trainer Documentation Practices of
      Concussions in a Two-State Region
     Charges Dropped Against Coach Who Allegedly Caused Opposing Player's Concussion
     Doctor/Lawyer Examines Potential Liability Headaches from State Concussion Laws
     SEC Defers to NCAA on Concussion Issue
     California Appellate Court Affirms Stay Sought by Liability Insurers in NFL Case
     Deciphering Vermont's Concussion Law


     Is a History of Concussions Soon to Be Used as a Legal Defense?

     Why the Players are on a Path to Arbitration in the NFL Concussion Injury Litigation

     New Oregon Concussion Bill Protects Coaches and Referees

     Cheerleading Comes Under Increased Scrutiny in Texas

     Study Connects 'Frequent' Heading in Soccer with Mild TBI

     Is the NCAA Susceptible to Concussion Litigation?

     Pac-12 & CEO Group Agree to Student-Athlete Health and Well-Being Initiative

     California Courts Rule that the NFL Remains the Away Team


Hit by Pitch - or a Bat, or a Line Drive, or a Co-Participant...
By R. Douglas Manning, Ph.D

Injuries within the realm of sporting events are bound to occur to athletes, student-athletes, and the
weekend warrior alike. They have happened, and will continue to transpire during games, practice,
and even during freak instances of taking out the trash; see Bob Stanley, circa 1988 (Associated
Press, 2010). Tradd Lowman, a prep baseball player from Bishop England High School, was recently
injured while running from first to second base in South Carolina's State Championship Series. When
the opposing team's shortstop attempted to throw the ball to first base to complete a double play,
Tradd was struck in the face and sustained serious facial fractures (Bowman, 2013). His injury
conjures up memories of similar athletic incidents at all levels and has the ability to stimulate
passionate discussion regarding liability, injury prevention, safety equipment (i.e., helmet facemasks),
and risk management. Although research often focuses on the safety of baseball fans/spectators, the
well-being of the athletes, coaches, and co-participants is significant as well. Athletic contests are
being played by bigger, faster, and more powerful participants and will continue to create risk
management challenges.

Don Zimmer was struck in the head by a foul ball hit by Yankees' second baseman Chuck Knoblauch

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