On June 4, 2021, Dan Baker (“Plaintiff”), represented by Jeff Raizner of Raizner Slania LLP, Jay Edelson of Edelson PC, and Rafey S. Balabanian of Edelson PC, individually and on behalf of all others similarly situated, brings this Class Action Complaint and Demand for Jury Trial against Defendant National Collegiate Athletic Association (NCAA) to obtain redress for injuries sustained a result of the Defendant’s alleged reckless disregard for the health and safety of generations of Ferrum College (Ferrum) student-athletes.
Class Definition: All individuals who participated in Ferrum’s football program between 1952 and 2010. The following people are excluded from the Class: (1) any Judge or Magistrate presiding over this action and members of their families; (2) Defendant, Defendant’s subsidiaries, parents, successors, predecessors, and any entity in which the Defendant or its parents have a controlling interest and its current or former employees, officers, and directors; (3) persons who properly execute and file a timely request for exclusion from the Class; (4) persons whose claims in this matter have been finally adjudicated on the merits or otherwise released; (5) Plaintiff’s counsel and Defendant’s counsel; and (6) the legal representatives, successors, and assigns of any such excluded persons.
In its complaint, the Plaintiff alleges that “During the course of a college football season, athletes absorb more than 1,000 impacts greater than 10 Gs (gravitational force) and, worse yet, the majority of football-related hits to the head exceed 20 Gs, with some approaching 100 Gs. Over time, the repetitive and violent impacts to players’ heads led to repeated concussions that severely increased their risks of long-term brain injuries, including memory loss, dementia, depression, Chronic Traumatic Encephalopathy (3CTE), Parkinson's disease, and other related symptoms.”
The Plaintiff further alleges that “Defendant NCAA knew about the debilitating long-term dangers of concussions, concussion-related injuries, and sub-concussive injuries (referred to as traumatic brain injuries or TBIs) that resulted from playing college football, but recklessly disregarded this information to protect the profitable business of amateur college football.
The Plaintiff even further alleges “Despite knowing for decades of a vast body of scientific research describing the danger of traumatic brain injuries (TBIs) like those Plaintiff experienced, Defendant failed to implement adequate procedures to protect Plaintiff and other Ferrum football players from the long-term dangers associated with them. They did so knowingly and for profit. As a direct result of Defendant’s acts and omissions, Plaintiff and countless former Ferrum football players suffered brain and other neurocognitive injuries from playing NCAA football.”
The Plaintiff has laid down three claims for relief. These are for alleged fraudulent concealment, alleged breach of express contract, and alleged negligence, respectively.
In its prayer for relief, the Plaintiff, individually and on behalf of the Class, respectfully requests that the Court enter an Order providing for the following relief: Certify this case as a class action on behalf of the Class defined above, appoint Plaintiff as representative of the Class, and appoint his counsel as Class Counsel; declare that Defendant’s actions, as set out above, constitute negligence, breach of contract, and fraudulent concealment; award all economic, monetary, actual, consequential, compensatory, and punitive damages available at law and caused by Defendant’s conduct, including without limitation damages for past, present, and future medical expenses, other out of pocket expenses, lost time and interest, lost future earnings, and all other damages suffered, including any future damages likely to be incurred by Plaintiff and the Class; award Plaintiff and the Class reasonable litigation expenses and attorney’s fees; award Plaintiff and the Class pre- and post-judgment interest, to the extent allowable; enter injunctive and/or declaratory relief as is necessary to protect the interests of Plaintiff and the Class; and award such other and further relief as equity and justice may require.
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Pending - Other Pending
Personal Injury - Other Personal Injury
John Z. Lee
National Collegiate Athletic Association
Jeffrey Lewis Raizner
Civil Cover Sheet
Clerk Transmittal Letter
Docket(#8) MAILED MDL transfer in letter to all counsel of record. (nsf, ) (Entered: 06/22/2021)[+] Read More [-] Read Less
Docket(#7) RECEIVED from Indiana Southern; Case Number 1:21-cv-01537 (nsf,) (Entered: 06/22/2021)[+] Read More [-] Read Less
Docket(#6) Transfer Letter to Clerk of the Northern District of Illinois. Case transferred electronically to Northern District of Illinois, IN RE: MDL 2492 on June 21, 2021. (MAC) [Transferred from Indiana Southern on 6/22/2021.] (Entered: 06/22/2021)[+] Read More [-] Read Less
Docket(#5) CLOSED TRANSFER to the United States District Court for the Northern District of Illinois IN RE: NATIONAL COLLEGIATE ATHLETIC ASSOCIATION STUDENT-ATHLETE CONCUSSION INJURY LITIGATION MDL No. 2492 PER Certified Transfer Order #41. (Attachments: #1 Clerk Transmittal Letter)(MAC) [Transferred from Indiana Southern on 6/22/2021.] (Entered: 06/22/2021)[+] Read More [-] Read Less
Docket(#4) MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) [Transferred from Indiana Southern on 6/22/2021.] (Entered: 06/07/2021)[+] Read More [-] Read Less
Docket(#3) Summons Issued as to NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (REO) [Transferred from Indiana Southern on 6/22/2021.] (Entered: 06/07/2021)[+] Read More [-] Read Less
Docket(#2) NOTICE of Appearance by Jeffrey L. Raizner on behalf of Plaintiff DAN BAKER. (Raizner, Jeffrey) [Transferred from Indiana Southern on 6/22/2021.] (Entered: 06/04/2021)[+] Read More [-] Read Less
Docket(#1) COMPLAINT against NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, filed by DAN BAKER. (Filing fee $402, receipt number 0756-6596656) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Raizner, Jeffrey) [Transferred from Indiana Southern on 6/22/2021.] (Entered: 06/04/2021)[+] Read More [-] Read Less
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