Once again, the NCAA has found itself at the forefront of concussion-related litigation. A Montgomery County (Md.) Circuit Court Judge granted a motion to compel the NCAA president, Mark Emmert, to be deposed in a lawsuit over the death of a college athlete.
In 2011, the parents of a Frostburg State University (Frostburg) football player filed suit when their 22 year-old son, Derek Sheely, died after sustaining several concussions during preseason football training. The wrongful-death suit accused the football coach of conducting “gladiatorial” high-speed drills that caused players to suffer repeated blows to the head. Sheely’s family called the full-speed drills “a gladiatorial thrill for the coaches.” The preseason practices involved nonstop, head-to-head collisions; especially for fullbacks like Derek who had to “smash into” linebackers at full speed. The Sheely family sued the football coach, helmet manufacture, NCAA, and other defendants.
The NCAA opposed efforts to compel Emmert to testify, arguing that he is an “inappropriate witnesses.” However, the family of Derek Sheely stated that Emmert has “first-hand knowledge about the NCAA’s failure to protect student-athletes…The NCAA failed to show that it would be unduly burdensome for him to be deposed.”
The Sheely family says Emmert’s testimony will determine whether the NCAA could of protected against repetitive head trauma and second-impact syndrome from college athletes. The NCAA argued in previous court filings that deposing Emmert is “misplaced” because he lacks the authority to impose rules on NCAA members.
The court order comes while the NCAA tries to finalize a $70 million settlement from several class-action concussion-related lawsuits in federal court. The proposed settlement would waive athletes rights to collectively sue for concussion-related injuries, but preserve their right to sue individually. The Sheely lawsuit is scheduled for trial next summer.