A Blank Rome team recently secured the National Collegiate Athletic Association’s (“NCAA”) second jury trial win in three months in the Philadelphia Court of Common Pleas.
The plaintiff in Berton v. NCAA played Division I college football from 1998 to 2002. He and his wife claimed that he suffered cognitive decline as a result of playing college football and asserted negligence and fraud claims against the NCAA for failing to warn or protect against the alleged risk of neurodegenerative disease.
The jury trial started in Philadelphia on October 14, 2024. After plaintiffs rested their case, Blank Rome’s Andy Fletcher argued the NCAA’s motion for non-suit. Judge Carmilla Jacquinto granted the NCAA’s motion and dismissed the case on October 23, 2024, ruling that plaintiffs’ claims were barred by the Pennsylvania “no duty” rule and the statute of limitations, and that the plaintiffs had failed to adduce any evidence on which a reasonable jury could rely to find causation.
Berton v. NCAA is the second “concussion” case to go to trial in Philadelphia this year. In August 2024, Schretzman v. NCAA went to trial before a Philadelphia jury. When the plaintiffs rested their case after seven days, Fletcher argued the NCAA’s motion for non-suit. Judge Sean Kennedy granted the NCAA’s motion and dismissed the case on August 16, 2024, also ruling that that plaintiffs’ claims were barred by the Pennsylvania “no duty” rule and that the plaintiffs had failed to adduce any evidence on which a reasonable jury could rely to find causation.
The Blank Rome team was led by Andy Fletcher and included Paul Tzur, Lew Schlossberg, Sabrina Rubis, Rich Weibley, Cody Wilcoxson, and Brenda Kruger.
