Former Oregon Ducks football player Doug Brenner loses lawsuit against NCAA; legal team says it will appeal Friday's decision
Former Oregon offensive lineman Doug Brenner lost his lawsuit against the NCAA on Friday, as a jury found the NCAA negligent, but did not award Brenner any of the $100 million he was seeking in punitive damages for injuries he sustained during a controversial workout in 2017.
Brenner's attorneys argued that his injuries occurred because the NCAA doesn't have a specific rule or bylaw regarding overexerting players during workouts, but the jury didn't believe the NCAA's negligence contributed to them.
Jason Kafoury, one of Brenner's attorneys, said they will appeal.
«We hope this case is a shot across the bow to the NCAA, and that it will further the effort to protect student-athletes from preventable injuries and deaths,» Kafoury said. «To have a case of this magnitude decided on such a technicality is a tragedy.»
«If the NCAA doesn't change rules,» he said, «they're looking at a lot of future lawsuits because we've shown in the case that they were on notice and that if they don't act now, then they really are reckless.»
A spokesperson for the NCAA did not immediately return a request for comment.
The NCAA has argued that it doesn't have the authority to pass health and safety bylaws — the member schools and conferences are responsible for players' health and safety.
«Plaintiffs appear to contend that the dozens of guidelines and best practices found in the 140-page Sports Medicine Handbook relating to the conduct of workouts should be subject to monitoring, investigation, and enforcement,» the NCAA wrote in its opposition. «This is unworkable.»
The University of Oregon reached a $500,000 settlement with Brenner over damages related to his hospitalization, a school spokesperson told ESPN on Friday.
As part of the