The Supreme Court of Ohio ruled October 28, 2018 (one month after WWE Wrestlers claims were dismissed) that a former Notre Dame football player can sue the school and NCAA for CTE. The court noted that the allegations involved a “latent” brain injury stemming from when he played football in the 1970s. The court ruled that his case can go forward, ruling the statute of limitations was triggered when he learned of the brain injury in 2012, not when he suffered blows to the head in college in the 1970s.
The court wrote that Steven Schmitz, who played for the Notre Dame Fighting Irish from 1974 to 1978 had sustained impacts to the head and experienced concussion symptoms such as disorientation during his playing days, he was unaware of the lingering effects those injuries had, including chronic traumatic encephalopathy, or CTE, a degenerative brain disease.
Hmmm. Anyone find it curious that this NCAA player can sue, but that 60+ wrestlers have ZERO rights? Who do you believe has a factual and legal basis to argue that they were injured by CTE? Jimmy Snuka or Steven Schmitz?
In start contrast a Federal judge in Connecticut ruled against 60 wrestlers who brought substantially similar claims, including five diagnosed with CTE, arguing that the claims were patently time barred, frivolous and sanctioned the attorney who brought the case. This post outlines the Statute of Limitations Issues taking Jimmy Snuka as an example, as the Federal Judge in Connecticut singled out his claim as being “Patently Time-Barred.”