|Kiernan Trebach Attorneys’ Hassell and Amirthalingam Win Summary Judgment in Concussion Case|
In the Superior Court for the District of Columbia a major league sports team was granted summary judgment because Kiernan Trebach attorneys Chris Hassell and Nimi Amirthalingam successfully argued that the claim was barred by the exclusive remedy of workers' compensation.
A former major sports league athlete sued the local sports team concerning a concussion injury. The Plaintiff contends that he suffered a concussion in a game and then the staff of the team was negligent in letting him play in the next game. He claimed that as a result of playing in this follow up game he developed permanent post concussion syndrome and is totally disabled. The claim for lost of future income and the life care plan totaled well over $5.0 million.
Kiernan Trebach’s extensive motion included many affidavits and financial documents. The cogent argument guided the judge carefully through the significance of the evidence and convinced the Judge that the sports team was joint employer, made capital contributions to the league that purchased the insurance, and thus was protected by the exclusive remedy.