From CBSSports.com, Jon Solomon –
On the eve of trial, a wrongful death lawsuit brought by the family of a Division III football player against the NCAA is getting settled, according to a court filing Thursday in Rockville, Maryland. The Derek Sheely trial against the NCAA, ex-Frostburg State employees and helmet manufacturer Schutt Sports had been scheduled to start Monday and last 24 days.
On Thursday, the court docket showed a joint line saying the case is being stayed for 60 days “to complete the settlement process.” Terms of the settlement were not disclosed. Sheely attorney Paul Anderson said in a statement: “The trial has been postponed to allow the parties to complete the process of settling this matter.” The NCAA declined to comment beyond the court filing.
Sheely was a Frostburg State football player who collapsed during a 2011 practice after suffering a head injury and later died. Two years later, his family sued the NCAA, head coach Tom Rogish, running backs coach Jamie Schumacher, trainer Michael Sweitzer Jr., and Schutt Sports. The Sheely family claimed the Frostburg State employees missed multiple opportunities to treat their son’s head injury, and the NCAA failed to implement concussion rules or investigate his death.
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The NCAA argued in court that it has no legal duty to protect players because it’s a sports organization. But in a sign of how concussions are evolving before the courts, Montgomery County Circuit Judge David Boynton denied the NCAA’s motion for summary judgment in April, setting the stage for a potential trial. Boynton determined that the NCAA has a “special relationship” since its mission statement is to protect college athletes and the type of head injury that allegedly killed Sheely — second-impact syndrome from multiple concussions — is not a known inherent risk of playing football.