Donald Derrico, Managing Partner of the Westchester and Buffalo offices, partner Julia Braun and associate Michael Schacher in the Westchester office, were granted summary judgment and dismissal of a Division I NCAA women’s lacrosse player’s lawsuit against a major Northeast University and the women’s Lacrosse team coach. The plaintiff also sued the NCAA. The plaintiff, a member of the University’s women's lacrosse team alleged that she sustained two concussions while participating in two separate team practices. The plaintiff alleged that our client negligently supervised practice, had the players perform unsafe practice drills, failed to warn her of the risk of injury, and failed to properly utilize and follow appropriate concussion protocols. When the incidents occurred the NCAA did not permit female lacrosse players to wear helmets. As a result of the two confirmed concussions, plaintiff alleged to have sustained a traumatic brain injury, loss of memory, cognitive dysfunction, employment impairment, and lifetime medical treatment at an extraordinary cost.
Derrico and his team received this assignment from the University’s carrier after the matter failed to settle at mediation. When discovery concluded the Westchester team moved for summary judgement and argued plaintiff assumed the risk of suffering a head injury considering her extensive prior experience playing women’s lacrosse and her awareness that she was prohibited from wearing a helmet under the NCAA rules. In addition, the team submitted affidavits from a Professor in Exercise Science, a Division I Lacrosse Coach and an Athletic Trainer that supported their positon that the practices were properly supervised, the drills were common, proper concussion protocols were in place, and plaintiff was warned of all risks.
The court agreed with the Westchester team’s arguments and held plaintiff failed to create an issue of fact, failed to offer any expert opinions rebutting the firm’s experts’ findings and dismissed the plaintiff’s complaint against our clients.