By Amanpreet Arora
The mother of a former Pop Warner football player has filed a $5 million lawsuit against Pop Warner Little Scholars, The Pop Warner Foundation, and Lexington Insurance Company for the wrongful death of her son, Joseph Chernach.
Chernach began playing Pop Warner football at the age of 11 and continued playing for three years, or until age 14. The plaintiff alleges that her son suffered some concussions while playing Pop Warner football, although he was never diagnosed with a concussion during his time with the league. The plaintiff further alleges that he son was not old enough to fully appreciate the danger that the sport involved. Additionally, she did not fully appreciate the dangers of him playing football.
Throughout high school, Chernach was allegedly an extraordinary student and athlete. He also received good grades in his first year of college at Central Michigan University. During his sophomore year, he began struggling to keep up with his schoolwork. He also allegedly became moody.
Chernach committed suicide on June 7, 2012. Autopsy results from September 2013 show that he had suffered from Dementia Pugilistica (also known as Chronic Traumatic Encephalopathy or CTE) and Post-Concussion Syndrome. Dementia Pugilistica causes an increased risk of suicide by synergistically combining depression, despair, anxiety, paranoia, reduced impulse control, and behavioral extremes that can often be violent, according to the complaint. This increased risk is further compounded by Post-Concussion Syndrome, which can result from singular or multiple concussions. Chernach’s mother, Debra Pyka, was unaware that her son had suffered from both of these conditions until after the autopsy was conducted.
The complaint, filed in the United States District Court for the Western District of Wisconsin by Gordon S. Johnson, Jr. of the Brain Injury Law Group, alleged that Chernach suffered Dementia Pugilistica and Post-Concussion Syndrome as a result of playing Pop Warner football. It characterized tackle football as a “war game” that is not a contact sport, but a combat sport. The common knowledge about football’s combative nature was evidenced by, among other things, the origin of the term “sack,” parallels between football and war, and quotes from former players and coaches of the difficulties of playing football. The complaint also claimed that the protective equipment worn by football players gives a false illusion of protection, while allowing players to deliver more forceful blows to opponents, unaware that it may cause greater injuries to the participants.
The complaint noted that children are more vulnerable to injury than adults as they require a longer recovery time, have less protective brain cell coating, and the disproportionate size of their heads and helmets to the rest of their bodies.
The complaint alleges four causes of action: strict liability for ultra-hazardous activity, negligence, punitive damages, and intentional, reckless and wanton conduct.
The complaint asserts that tackle football with helmets for children “is an abnormally dangerous/ultra-hazardous activity as defined in § 519 of Restatement (Second) of Torts, as it exposes children to a combative/collision sport, which is likely to result in harm to children.” The risk of this harm, it is said, can be decreased, but never fully eliminated because of the dangers associated with playing tackle football with helmets.
The complaint adds that Pop Warner was negligent because it owed a “duty to use ordinary care to prevent…children from being exposed to an unreasonable risk of injury,” which was breached. Pop Warner, the complaint charges, allowed small children to play “with the dangerous instrumentality of the football helmet,” using amateur coaches, referees and trainers, who were not properly trained in football, injury prevention, or concussion and head injury prevention, not putting limits on hitting in practice, failing to provide properly fitting football helmets, and not enforcing the rules and penalties as would be done in professional and college football leagues.
The complaint also alleged that Pop Warner failed to warn children and parents of the risks of playing football, for which it was in a superior position to appreciate.
Additionally, the plaintiff is seeking punitive damages from Pop Warner for engaging in conduct that was “outrageous, malicious, intentional and was done with intentional disregard” for the well being of the children involved. Pop Warner is further accused of being “aware that its actions were substantially certain to cause children to suffer head injuries and other injuries.
Finally, Pop Warner is alleged to have acted with intentional, reckless and wanton conduct that exposed children to harm, which the foundation should have been aware of and attentive to.
The $5 million in damages sought is for the wrongful death of Chernach, injuries, pain suffering, and disability Chernach suffered, loss of society and companionship for Debra, and punitive damages for the intentional, malicious, willful and outrageous conduct that caused these injuries.
Arora is a student in the University of Texas School of Law
