National Collegiate Athletic Association Ordered to Pay $18m in Lawsuit Over Alleged Failure to Inform Player About Concussion Risks
A Palmetto State jury has decided that the NCAA must pay a former university football player and his wife a sum of $18m, determining the organization negligent for failing to warn the player about the long-term consequences of head trauma.
Particulars of the Case
After a court proceeding that ended late last week, the jury in Orangeburg county awarded $10m to 68-year-old Robert Geathers, who participated as a defensive end at South Carolina State University from 1977 to 1980. His spouse, Debra, was given $8m, as per legal records.
A doctor diagnosed him with dementia several years ago, as reported a local newspaper. He now has difficulty with everyday tasks such as dressing himself and assisting in meal preparation.
Other physicians who testified at the proceedings stated that the former player shows symptoms of CTE, a progressive condition observed in ex- football players who received multiple blows to the skull while participating. CTE can only be confirmed after death.
Arguments and Evidence
The couple's attorneys argued to jurors that blows Geathers received during practices and matches for the institution in the city caused injury that remained hidden until decades later.
Geathers's attorney, Bakari Sellers, said that the NCAA was aware about concussion risks from the earlier era, and when his playing days ended, but didn't tell coaches or players about those risks until a subsequent time.
"All of the information, they withheld," Sellers told the panel, adding that "their responsibility was to ensure the boys safe."
The Association Reaction and Legal Challenge
The verdict can be appealed. In a release issued through a representative, the NCAA said that it disagreed with the outcome and was "ready to exercise our options on post-trial motions and on review, if necessary."
"We have prevailed in all previous jury trial nationally on similar matters," and the university procedures "followed the knowledge that was available at the period, and the sport did not lead to his lifelong health problems," the statement continued.
Legal counsel Andy Fletcher argued at the hearing that the plaintiff has multiple health conditions that influence cognitive symptoms, and that the NCAA's football rules committee is composed of representatives of participating institutions that could propose rules.
"There's going to be head impacts. That's natural to the sport. You can't remove such contact out of the game," he remarked in closing arguments.
Jury Determinations
According to the account, the jury found that the NCAA "unreasonably increased the danger of harm of blows to the head to Robert Geathers over and above the risks inherent to playing football." And it also concluded that the NCAA "voluntarily assumed responsibilities to safeguard the health and safety of him" and that the NCAA "negligently breached their obligations" to him.
After the trial, the attorney expressed that the outcome delivered justice: "It was rewarding to embrace Debra Geathers. She can go home and inform her husband positive developments."