James “J.R.” Cunningham has sued the NCAA in federal court in the Northern District of Texas, claiming that after he suffered multiple concussions, the association was negligent in its treatment of him.
Cunningham played basketball for Arizona State University from 1994–1995 and University of Tulsa from 1996–1998. Both schools were members of the NCAA. During his final year at Tulsa, the plaintiff appeared in only six games, allegedly because of concussions.
The plaintiff noted in his complaint that the NCAA was formed “to protect young people from the dangerous and exploitive athletic practices of the time.” Further, “this core purpose is emphasized on the NCAA website, which states that: Part of the NCAA’s core mission is to provide student-athletes with a competitive environment that is safe and ensures fair play. While each school is responsible for the welfare of its student-athletes, the NCAA provides leadership by establishing safety guidelines, playing rules, equipment standards, drug testing procedures and research into the cause of injuries to assist decision making. By taking proactive steps to student-athletes’ health and safety, we can help them enjoy a vibrant and fulfilling career.”
The plaintiff added that the NCAA’s “commitment to safeguarding its student-athletes is further addressed throughout the NCAA Constitution. Article 2.2 of the Constitution describes ‘The Principle of Student-Athlete Well-Being,’ and prescribes that ‘Intercollegiate athletics programs shall be conducted in a manner designed to protect and enhance the physical and educational well-being of student-athletes.’
“To accomplish its purpose of safeguarding student-athletes, the NCAA promulgates and implements standard sport regulations and requirements, such as the NCAA Constitution, Operating Bylaws, and Administrative Bylaws. Containing over 900 pages, these documents provide detailed instruction on matters ranging from game and practice rules to player eligibility and scholarships, as well as matters relating to player well-being and safety. NCAA member institutions are required to firmly abide by such NCAA guidelines.”
Cunningham also pointed to the fact that the NCAA publishes “a health and safety guide termed the Sports Medicine Handbook …, which is produced annually, includes the NCAA’s official policies and guidelines for the treatment and prevention of sports-related injuries, as well as return-to-play guidance, and recognizes that ‘student-athletes rightfully assume that those who sponsor intercollegiate athletics have taken reasonable precautions to minimize the risk of injury from athletics participation.’
“Accordingly, the NCAA holds itself out as both a proponent of and authority on the treatment and prevention of sports-related injuries upon which student-athletes and member institutions can rely upon for guidance on player-safety issues. As such, the NCAA has expressly and implicitly assumed a duty of care to the student-athletes its promised to protect.”
The plaintiff then addressed the growing body of knowledge about the long-term effects of concussions and how they are treated, and that the NCAA should have been more diligent about monitoring the situation.
The damage has been done, according to the complaint:
“As a direct result of the concussive head injuries he suffered while playing NCAA basketball, Mr. Cunningham suffers from constant headaches, memory loss, dizziness, severe depression, speech impediments, panic disorder, anxiety, mobility issues, irritability, chronic traumatic encephalopathy and panic disorder. Mr. Cunningham did not suffer from these conditions prior to incurring the concussions while playing NCAA basketball. In addition to his severe medical conditions which require constant treatment and monitoring, Mr. Cunningham is at an increased risk of developing latent brain injuries or additional neurodegenerative disorders.”
To resolve the damage, Cunningham is seeking an injunction requiring the defendant “to fund a court-supervised, comprehensive medical monitoring program for the plaintiff with the purpose of facilitating the early detection and diagnosis of neurodegenerative disorders caused by traumatic head injuries. Under such a monitoring program, the NCAA should be required to establish a trust fund to pay for the medical monitoring and treatment of the plaintiff as frequently and appropriately as necessary.”
The plaintiff continued: “Without the Court supervised and approved medical monitoring program described herein, the plaintiff will continue to face an unreasonable risk of continued injury and disability.”
Cunningham claimed the NCAA’s conduct “evidences a flagrant disregard of human life as to warrant the imposition of punitive damages as the acts or omissions were committed with knowing, conscious and deliberate disregard for the rights and safety of consumers, including the plaintiff.”
The plaintiff is seeking more than $75,000 in damages.
