Carolyn Gusman, Individually and as Next Friend of Paul Reyna, Deceased v. Schutt Athletic Company

Date:

September 2003

Venue:

Federal Court
Boise, Idaho

Case Summary:

We defended a death claim on behalf of Schutt, who manufactures approximately 50% of the football helmets worn in the United States today. The plaintiff, a freshman at Boise State University , was participating in early-fall drills when he was knocked to the Astroturf and struck the back of his head. He sustained an intra-cranial bleed (subdural hematoma). He almost immediately lapsed into a coma and although emergency brain surgery was performed, he never regained consciousness and died five days later. The allegation was that the defendant’s helmet failed to provide adequate padding in the rear of the helmet and that with more energy managing material, the plaintiff would have suffered a moderate-to-mild injury and would not have died as a result of this contact. The defendants were prepared to present evidence as to the state-of-the-art design of the helmet in question and the fact that no helmet can prevent the type of brain injury sustained by Paul Reyna.

Results:

After jury selection and commencement of opening statements, the case was resolved for the original offer of the medical bills for four days of treatment and funeral expenses. The plaintiff’s original demand had been $2.3 million.

 

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