Supreme Court Victory for Football Player
While concussions and head trauma have become a focus for professional football players, research shows high school players are actually the most likely to suffer these injuries during play. In light of this fact, it is inexcusable to neglect the health of our young athletes. Our school districts are responsible for the health and safety of their student-athletes, but as you will read from their recent behavior in the courtroom, it would appear they would rather ignore the issue entirely.
In 2021, our firm had the honor of trying the first civil case to verdict after the courts had reopened following the easing of COVID-19 restrictions — a case centered on head injuries. The case involved a 14-year-old, eighth-grade student and football player who incurred multiple concussions during a high school B-team football game. Our client was big and athletic and started both ways — on offense and defense — playing every snap of the game. In April of 2021, a jury found that the Horry County School District acted with gross negligence in failing to have an athletic trainer present for our client’s team and in failing to have the athletic trainer for the other team monitor both teams for concussions. However, following a jury ruling in their own county, the Horry County School District appealed the decision, and the case headed to the South Carolina Court of Appeals.
The Appeal
The South Carolina Court of Appeals is based in Columbia and has eight judges who hear appeals as part of three-judge panels. In our case, the three judges who heard the appeal unanimously upheld the Circuit Court’s decision without holding oral arguments. Despite another victory for our client, the Horry County School District filed what is known as a petition for rehearing en banc, whereby a special panel of all eight judges from the Court of Appeals would hear the case. The Court of Appeals denied their request.
Off to the Supreme Court
Not deterred by their failures at the Court of Appeals, the Horry County School District filed a request that the South Carolina Supreme Court hear the case because it involved unique issues of law. The Supreme Court granted the request, and all the issues in the case had to be briefed again. Given the subject matter of the case, the South Carolina Supreme Court, comprising five judges, featured the case during a special term of court set at the Citadel, which was open to the student body and the public.
A Long Time Coming
The case was heard on Sept. 10, 2024, around 17 months after the jury’s initial verdict. Despite the Horry County School District throwing every possible obstruction they could our way, justice still triumphed in this case. On Oct. 10, 2024, the South Carolina Supreme Court ruled in our client’s favor, granting him a definitive victory in the case. The case was unique and illustrated the lengths to which many of our state’s agencies are willing to go to justify bad conduct. Despite the Horry County School District using almost every available avenue in the judicial system, we ultimately triumphed.