BYU Being Sued for Concussions

BYU is being sued by a former star player and BYU Hall of Famer, Larry Carr, for $5 Million. Carr played on the '74 team and claims that he was subjected to 2,000 - 3,000 violent hits to the head causing anxiety and brain damage. The lawsuit also targets the WAC and the NCAA.



https://www.ksl.com/?sid=40577129&nid=272&title=former-byu-football-player-suing-school-wac-ncaa-over-concussion-related-injuries

Carr’s filing alleges BYU, the WAC and the NCAA “knew about the debilitating long-term dangers of concussions, concussion-related injuries, and sub-concussive injuries that resulted from playing college football, but actively concealed this information to protect the very profitable business of ‘amateur’ college football.”



The former BYU standout estimates he was subjected to 2,000 to 3,000 violent hits during practice, drills and games. The 6-foot, 200-pound linebacker finished his BYU career holding school records with 12 tackles in a game, 23 defensive points in one game and the most career interceptions by a linebacker with eight. He ranks third all-time in school history with 389 tackles in just three seasons, and was inducted into the school’s hall of fame in 2010.



“For decades, the NCAA, WAC, and BYU have been aware that severe head impacts can lead to long-term brain injury, including memory loss, dementia, depression, and CTE,” court documents read. “Unfortunately, while the NCAA, WAC, and BYU knew about the harmful and devastating effects of these sub-concussive and concussive injuries, they actively concealed these facts from student-athletes and the public.”

I understand it, and I get it. I might even do the same thing if it were me.



Did ANYONE really know how bad concussions are, way back in the 70s?

Looks like someone found a letigious lawyer and is looking for a score. this should be thrown out of court. How is BYU 2016 responsible for the decisions of people in the early 70's.

Two things:



1--- I think this is despicable.



2--- I don't believe they can prove that BYU knew, or with-held information about traumatic brain injuries at the time this player was active. The plaintiff's suit spuriously makes this allegation, and it will fail.

My issue with this lawsuit--the guy is from the 70's, and no lawsuit has shown institutional knowledge anywhere of the lasting effects of concussions before the 90's. All they have is a boxing study (which they point to in every case) from the 20's, but they have never been able to show anyone actually read the study or knew/suspected anything before the 90's.



But, he's claiming a class action for all BYU football players, so if the class is approved and it moves forward, he gets a much bigger slice of the pie for his "efforts" and trouble in actually bringing the suit.



I think he's an opportunist.

snoscythe wrote:
My issue with this lawsuit--the guy is from the 70's, and no lawsuit has shown institutional knowledge anywhere of the lasting effects of concussions before the 90's. All they have is a boxing study (which they point to in every case) from the 20's, but they have never been able to show anyone actually read the study or knew/suspected anything before the 90's.



But, he's claiming a class action for all BYU football players, so if the class is approved and it moves forward, he gets a much bigger slice of the pie for his "efforts" and trouble in actually bringing the suit.



I think he's an opportunist.

No possible way he gets this class certified.

The first MRI wasn't until 1977. Virtually impossible to show institutional knowledge of the long-term effects of concussions by BYU, the WAC, or the NCAA.



Also, Carr stated just last year that he wouldn't change a thing if he had a chance to do it all over again. Doesn't that show that had the institutions known and informed him that it wouldn't have changed his behavior, making his case moot?

The article raises three questions in my mind:



1. It says - "following a career in the Canadian Football League......." Is he suing the CFL?



2. It says he earned a Masters and Ph.D. in sports related fields. Did he get those at BYU?



3. It indicates the law firm representing him seems to specialize in suing colleges and conferences. Did he seek them, or did they recruit him?

I'd hate to be the attorney to bring a frivolous case like this. The statute of limitations can be tolled but runs when you knew or should have known of the cause of action. So, did he decide to file because of the factually incorrect movie "Concussion"? It would be fascinating to see what they are relying upon to make the allegations that the University knew or should have known of the risk ... and hid it.

Ygridiron4ever wrote:

1. It says - "following a career in the Canadian Football League......." Is he suing the CFL?

You might want to read that again. The key word is Canadian.

jvquarterback wrote:

1. It says - "following a career in the Canadian Football League......." Is he suing the CFL?

You might want to read that again. The key word is Canadian.

I'm pretty sure he understands that. I interpret his question to mean, "If he had a cfl career in addition to playing for BYU, is he suing the CFL as well? Or just BYU?"

Jarhead wrote:

Ygridiron4ever wrote:

1. It says - "following a career in the Canadian Football League......." Is he suing the CFL?

You might want to read that again. The key word is Canadian.

I'm pretty sure he understands that. I interpret his question to mean, "If he had a cfl career in addition to playing for BYU, is he suing the CFL as well? Or just BYU?"

Point is--probably has to sue the Canadian Football League in a Canadian court....not a US court.

snoscythe wrote:

jvquarterback wrote:

1. It says - "following a career in the Canadian Football League......." Is he suing the CFL?

You might want to read that again. The key word is Canadian.

I'm pretty sure he understands that. I interpret his question to mean, "If he had a cfl career in addition to playing for BYU, is he suing the CFL as well? Or just BYU?"

Point is--probably has to sue the Canadian Football League in a Canadian court....not a US court.

My question certainly allows for that. But just in case it was too vague: I wonder if....

A - he thinks his time in the CFL contributed to his condition;

B - he thinks key entities therein should have known as much or more about the dangers of the game as BYU, the WAC, and the NCAA; and,

C - he will be seeking recompense from the team(s) for which he played and the CFL in the Canadian judicial system?