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Former NCAA linebacker Matthew Gee played with the USC Trojans from 1989 to 1992. In 2018, Gee passed away and was later diagnosed with CTE. Alana Gee, Matthew's widow, is claiming wrongful death and negligence, saying that the NCAA failed to teach the late linebacker about the hazards of concussions, of which they were well aware, failing to shield Gee from those hazards.
A jury has never ruled on whether the NCAA is liable for negligent concussion protocol — whether it has failed to protect athletes from concussions, traumatic brain injuries, lifelong illness, or even death.
Pre-trial proceedings will commence in Los Angeles Superior Court for the case of Alana Gee v. NCAA. Experts told Front Office Sports that, should the NCAA lose this case, it would possibly owe hundreds of millions in damages and would deal with a barrage of future concussion lawsuits, similar to the NFL.
The NCAA has dealt with a number of lawsuits previously from athletes who have suffered long-term injuries coming from concussions, but the cases have all been dismissed or settled.
The first CTE trial involving the NCAA took place in 2018 in a Texas state court. It was settled on the third day of the trial in a lawsuit filed by the widow of former University of Texas defensive tackle Greg Ploetz, who played there in the early 1970s.
The Gee trial will last for several weeks and will have a who's who witness list: from NCAA officials like President Mark Emmert and General Counsel Scott Bearby to Dr. Bennet Omalu (the doctor whom the film “Concussion” was based on). The trial will also be streamed live online.
NCAA and their possible culpability in the case versus the late USC
According to sports attorney Dan Lust, an NCAA loss in this case “could be a watershed moment for college sports." They could face two major consequences: substantial financial liability and a wave of future lawsuits.
Lust noted Gee’s attorneys are asking not only for compensation, but also disgorgement, which is giving back the funds it took in as a result of negligence. That’s hundreds of millions in potential legal responsibility, as well as legal costs and even more damages from future lawsuits. However, there’s no sure thing the NCAA will lose.
Lust added:
“I think everyone’s going to agree, whether you’re the NFL or the NCAA, that more should be done to prevent head trauma and concussions, and the harm that’s been caused. There is likelihood of a finding of negligence that the NCAA should be doing more for concussions. But you’re still going to have to prove causation.”
There are two key elements that the jury in this case must agree to in order to side with Gee in the lawsuit:
- Gee’s CTE resulted from playing college football and that it led to his death.
- The medical problems Gee endured came from the NCAA’s supposed negligence, as opposed to the actions of USC or the then-Pac-10.
Ramogi Huma, the executive director of the National College Players Association and a longtime supporter of college athlete safety reforms, said this regarding concussions:
“The whole nation saw what happened to Tua. That happens on the regular in college sports.”
Huma added that Gee's lawsuit versus the NCAA won't be the last:
“This lawsuit is not a one-off. It’s not something that used to happen and got cleaned up.”
If you use any of the above quotes, please credit Front Office Sports and H/T Sportskeeda.
