A former Bowling Green football player who claimed he suffered permanent brain damage has settled a lawsuit with the university.
According to the Toledo Blade, Cody Silk will receive a $712,500 settlement in the agreement reached between himself and BGSU. As part of the agreement, the university did not admit fault and the former offensive lineman agreed that he would not pursue any further damage claims.
Silk had filed his suit in 2013, claiming “that BGSU coaches and medical staff failed to withhold him from practices after he suffered repeated concussions.” Silk claimed that he had suffered two concussions in 2010, but was cleared by the football program’s medical staff to return to full-contact status in practice; shortly thereafter, he suffered a third concussion.
The lineman subsequently parted ways with the team, lost his scholarship and dropped out of school.
The settlement came after Silk’s attorneys had asked the Ohio Court of Claims to reconsider their initial rejection. From the Columbus Dispatch:
The court initially rejected Silk’s claims, finding Silk signed a release of liability to play football in which he assumed the risk of possible injury. He refiled the claim last year. A state attorney claimed Silk was exaggerating and overreporting his symptoms, but the settlement will keep the case from going to trial.
In their motion for reconsideration, Silks’ representation contended, the Blade wrote, “the release [of liability] didn’t cover ‘wanton and willful misconduct,’ which he alleged BGSU’s conduct was.”