J.T. Davis played college football for SMU in the 1950s. He died after an extended battle with Alzheimer’s disease, following a diagnosis in 2001. Davis was diagnosed with Stage 4 CTE in 2017, after his passing.
His family filed a lawsuit against the NCAA in 2020. Recently, a jury awarded the family $30 million in compensatory damages and $110 million in punitive damages, for a total verdict of $140 million.
The civil complaint included an allegation that, dating back to 1933, the NCAA’s medical handbook “recommended that players with concussions should receive rest and constant supervision and not be permitted to play or practice until symptom-free for 48 hours.”
“For symptoms lasting longer than 48 hours, it recommended players ‘not be permitted to compete for 21 days or longer, if at all,’” the handbook explained, per the civil complaint. “Additionally, it stated ‘there is definitely a condition described as ‘punch drunk’ and often recurrent concussion cases in football and boxing demonstrate this. Any individual who is knocked unconscious repeatedly on slight provocation should be forbidden to play body-contact sport.’”
Per the press release announcing the outcome, Davis alleged that the NCAA knew about the long-term consequences of repetitive head trauma and failed to warn players. Davis also contended that the NCAA did not follow a provision in its Constitution requiring the organization to further study such issues.
The NCAA, according to the release, contended that there is insufficient evidence to show that CTE results from repeated blows to the head, and the NCAA disputed that CTE causes actual symptoms. The NCAA, per the release, also claimed that CTE is a “hypothetical” disease.
That’s the kind of attitude that can contribute to a runaway verdict. In lieu of admitting to anything, the defendant fights everything. And the jury inevitably gets pissed.
The NCAA will undoubtedly appeal. And appeal. As far and as high as it can. The magnitude of the verdict makes that obvious. The verdict could be reduced, and possibly overturned, by a higher court.
Regardless, the outcome is a clear example of what can happen when a motivated plaintiff represented by competent counsel digs through the dirt and finds the kernels of truth that can be used to persuade a jury to conclude that the defendant has significant financial responsibility.
More than a decade ago, the NFL avoided the possibility of such an outcome as to the many former pro football players who have had similar outcomes by settling a class action that ultimately included all retired players at the time. By not settling with the family of J.T. Davis, the NCAA rolled the dice in the court system and, so far, has lost badly.
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