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Wrongful death case against NCAA will move forward

College sports fans in California may be interested in a case filed against the NCAA, the manufacturer of a helmet and three sports officials at Frostburg State University, including the head coach, the trainer and the running back coach. The wrongful death lawsuit was filed in 2013 by the parents of a Division III player at the university who died during practice in 2011.

According to court documents, the plaintiffs allege that the young man died after suffering a second brain injury before a previous concussion had completely healed. The plaintiffs allege that he died because of second-impact syndrome, which is brain swelling that happens when a person receives a second traumatic brain injury following an earlier one.

Court documents indicate the player's parents claim that the staff and the NCAA failed by not providing appropriate treatment or care to the young man after the first concussion. The NCAA filed a motion for summary judgment, arguing that the organization owed no duty to provide proper care to its athletes. The Maryland judge hearing the motion denied it, ruling that the case against all of the defendants can proceed. Sources indicate a trial may happen as early as this summer.

When a person is owed a duty of care by others and that duty is breached because of negligence, the person's family may sue the defendant if the person is killed. A wrongful death civil lawsuit may provide a vehicle through which a family may receive compensation for all of the losses they have suffered, including funeral and burial expenses.

Source: Yahoo Sports, "Judge denies NCAA's summary judgment motion in wrongful death case," Nick Bromberg, April 6, 2016

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