NCAA Heading to Trial Over Student-Athlete’s Fatal Head Injury

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In 2011, 22-year old Derek Sheely, a former Frostburg State University football player, allegedly died from head injuries after participating in physically rough practice drills.

After the death of their son, Sheely’s parents brought suit against the NCAA in 2013, claiming that the practice drills in which their son participated had been described by certain National Football League teams as “extremely dangerous, intolerable and meaningless.” The parents ultimately claim that the NCAA should not have allowed the drills to occur.

The NCAA argued that it does not have a legal obligation to protect student athletes from “inherent” risks of the sport. However, on Wednesday, April 6, 2016, the court, in denying the NCAA’s motion for summary judgment, ruled that the head injury that allegedly caused Sheely’s death involved suffering from multiple concussions and is not an inherent risk of playing football.

Just days before his death, Sheely lost consciousness during a drill session and allegedly told Jamie Schumacher, an assistant coach, that he had a headache. It is further alleged that the assistant coach took no action after learning of Sheely’s headache and berated Sheely to keep practicing.

Sheely’s parents also sued a helmet manufacturer, Kranos Corp., which does business as Schutt Sports, due to its claims that its helmets could prevent head injuries. The suit against Kranos Corp. has been partially dismissed; however, claims for product defect, negligent misrepresentation and fraud will proceed against the corporation. The case is scheduled to proceed to trial on June 20, 2016.

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