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Fromthegym Tothejury STUDY FINDS LIFELONG VALUE IN HIGH SCHOOL ROM THE YM TO THE URY SPORT PARTICIPATION F G J See page 10 America’s Leading Authority on Injury, Liability, and Litigation in Sports ISBN 1054-1950 • Vol 24 • No 4 NFL OFFERS LAWSUIT ALLEGES COMPENSATION PLAN The National Football League UNSAFE TACKLING (NFL) submitted an 85-page roadmap detailing proposed com- pensation for former players with LED TO PARALYSIS cognitive disorders. US District youth sport football player made a tackle in a 2011 game. His family Judge Anita Brody must approve Aalleges that his Pop Warner coach taught him to use an illegal tackling the plan. The proposed $765 mil- technique and that his paralysis is due to this unsafe method of tackling. lion settlement could result in $5 The family filed a lawsuit against the Pop Warner organization saying, “As million payments for those with [the player] approached contact with his opponent, he dropped his head amyotrophic lateral sclerosis, or down, kept his arms at his side and initiated the tackle head first. Upon Lou Gehrig’s disease; a $4 million contact with the opposing player, the athlete immediately went limp and payment for a death involving dropped to the field unmoving.” The suit alleged he suffered a catastroph- brain trauma; and, $3 million pay- ic spinal cord injury and has minimal use of his arms and no movement ments for dementia cases among from the chest down because he tackled the way he was taught — “head other payments. first.” In August, Pop Warner Football announced it was joining the News & Record, Greensboro, NC, January 7, 2014 “Heads-Up Football” program sponsored by USA Football and would Editor’s Note: On January 14, become a recipient of National Football League (NFL) funding. Heads-Up, 2014, Judge Brody denied the pre- teaches players to hit and tackle with their heads to the side. liminary motion for approval of the USA Today, November 8, 2013 proposed settlement fearing it was IN MY OPINION not enough money to cover the While the young athlete does not want to sue his coaches, his family is seek- needs of the players. She is con- ing compensation to offset the enormous amount of money it will take to cerned with the lack of documenta- care for their son for the rest of his life. In a similar case, Mark v. Colgate, the tion regarding the fairness of the attorney for Mark in his suit against Colgate University discounted the claim final monetary figure and whether that a defective helmet led to his client’s paralysis injury. The attorney insist- the players would be properly diag- ed that most head injuries in football are the result of dangerous tackling nosed and compensated. Brody is techniques. Following injury and lawsuit, Mark has become an attorney and asking for additional information has promoted proper tackling techniques for all players at all ages. on how the fixed settlement amount of $765 million could pos- COACH FIRED FOR RUNNING-UP SCORES sibly meet the needs of the approxi- Football Coach of the Year and the Virginia Independent Schools mate 20,000 people who are eligi- Athletic Association Division Two State Championship winning coach, ble for compensation over the 65- Carl Turner, has been fired. Turner has stated that he was fired because year lifespan of the settlement class. his Bishop Sullivan Catholic High School team, on route to a perfect 2013 It is possible that the NFL will pro- season, ran-up the scores on several opposing schools. The team’s overall vide the necessary documentation margin of victory in 12 games was 27.6 points with its most lopsided win and that Judge Brody will be satis- a 62-6 victory. Bishop Sullivan’s principal has said that the coach left the fied with the settlement as it stands. school to spend more time with his family. If the documentation is not forth- Following dismissal, Turner stated that a “real man” would have fired coming or if the provisions do not him after the last game rather than waiting until the Christmas break. make sense to Judge Brody, she Turner was aware that the Bishop Sullivan principal did not want him to could throw-out the entire pro- embarrass opposing teams. “They told me not to and I defied them and posed settlement and the sides did it anyway,” Turner said following his dismissal. would have to renegotiate the plan. Pilotonline.com, Norfolk, VA, January 8, 2014 News & Record, Greensboro, NC, January 15, 2014 FROM THE GYM TO THE JURY • WWW.GYM2JURY.COM JANUARY, 2014 From The Editors FROM THE GYM TO THE JURY Twenty-Four and From The Gym To The Jury is pub- lished five times annually. The Still Innovating contents of this publication are his year marks 48 years since Dr. Herb Appenzeller considered risk management coun- wrote the first book on legal liability in physical edu- seling and not legal advice. Unless cation and athletics, From the Gym to the Jury. In the otherwise noted, the opinions T expressed are those of From the years since, he has been asked to speak nationally, serve Gym to the Jury, Inc. If legal ad- as a consultant, set guidelines for compliance with state vice is required, the service of a and national legislation (Title IX and ADA), consult and HERB APPENZELLER professional is recommended. testify on behalf of school personnel in sport-related lawsuits. 24 years ago, he joined with Ron Baron, an Editor attorney with a sports background and a pioneer in risk DR. HERB APPENZELLER management, at The Center for Sport Law and Risk 7503 Somersby Drive Management. Together they have conducted over 100 Summerfield, NC 27358 Phone: 336-643-4620 risk assessments of venues such as high school, colle- email: [email protected] giate and professional sport programs. Their hands-on Co-Editor experience has contributed to valuable information they publish regularly in the From the Gym to the Jury newslet- RON BARON RONALD L. BARON, J.D. 4825 Stranz Lane ter. The mission of the newsletter has and always will be the protection of Plano, Texas 75093 student-athletes from needless injuries, the reduction of destructive lawsuits Phone: 214-641-9450 against athletic programs and personnel and the lessening of discrimination email: [email protected] in athletics. Today the 12-page publication available on line provides time- Contributing Editors ly and valuable articles, actual court cases and our expert opinion on trends DR. TOM APPENZELLER in injury prevention and sports-related litigation. The “From the Editors” Catawba College entry in each issue highlights recent sport concerns and our views on “hot- email: [email protected] button” issues. Through our “In My Opinion” comments, we try to provide DR. FREDERICK O. MUELLER insights based on our 48 years of experience to illuminate issues and reduce University of North Carolina at Chapel Hill the risk of injury and litigation. The distinguished experts on our Advisory email: [email protected] Board represent every important area of sport from new state and federal DR. JULIAN STEIN legislation regarding ADA, Title IX, and I.D.E.A, to trends in sport safety and email: [email protected] injury reduction. They are all leaders in their individual fields and we are GIL FRIED, J.D. lucky to be able to call upon their considerable wisdom and experience. University of New Haven email: [email protected] Through From the Gym to the Jury we have: • Helped a college avoid a multimillion-dollar lawsuit when a rugby DR. TODD L. SEIDLER University of New Mexico player was rendered quadriplegic. email: [email protected] • Advised a coach, who planned to sue the school system when he was bypassed for a head-coaching job, not to sue in consideration of his future JOHN GRADY, PhD, J.D. employment opportunities. As a result, he is now a successful college coach. University of South Carolina email: jgrady.gwm.sc.edu • Advised athletic directors, trainers, and team physicians on protocols enabling student-athletes with disabilities and other medical considera- DR. ANNIE CLEMENT, PhD, J.D. tions to be able to participate in team sports. Cape Canaveral, FL Phone: 1-321-799-3381 • Provide risk assessments for scores of athletic programs. The assess- email: [email protected] ments have provided safer environments for players and spectators, reduced needless injuries and reduced damaging and expensive lawsuits. Graphic Design and Copy Editors • Through “Special Issues” of From the Gym to the Jury, we focused on a MAC CHAMBERS and CAROL CLAY single area and controversies providing insights and practical information email: [email protected] directly to the readers who have applied them to their programs. From The Gym To The Jury is designed and We are proud of our history and record. We look forward to many produced by AD infinitum. For information more years of publishing the most up-to-date information and opinion to call Mac Chambers…336-282-1450. help our readers run safe and successful athletic facilities and programs. email: [email protected] Herb Appenzeller and Ron Baron PAGE 2 FROM THE GYM TO THE JURY • WWW.GYM2JURY.COM • VOL 24, NO 4 Some Good Advice for 2014 oyce Richman, a career counselor, consultant and want...what are you willing to do differently to coach says 2014 is… “One in which I get to achieve an outcome of value to you and those you Jchoose instead of waiting to be chosen, and I hold dear? What are the chances you’re willing to include, instead of waiting to be included. One in take, the effort you’re willing to make? What are the which I give instead of waiting to be given and act positions you’re willing to take, the stands you’ve the instead of waiting for an action.
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