Ohio Appeals Court Overturns Ruling in Schmitz Concussion Case, Citing ‘Discovery Rule’
An Ohio state appeals court has overturned a lower court’s ruling, paving the way for the widow of a former Notre Dame University football player to continue a lawsuit in which she and her husband alleged that the NCAA and the University of Notre Dame exhibited "reckless disregard" for player safety, and failed to protect him from concussions.
In so ruling, the appeals court found that the trial court erred when it concluded that the plaintiffs did not state sufficient facts to survive