Butler v. BRG Sports, LLC

Illinois Appellate Court
Civil Court
Statute of Limitations
Citation
Case Number: 
1-18-0362 & 1-18-0394 Cons.
Decision Date: 
Monday, October 21, 2019
District: 
1st Dist.
Division/County: 
1st Div.
Holding: 
Affirmed
Justice: 
Griffin

Dist. Ct. did not err in dismissing on statute of limitations grounds plaintiffs-54 former football players’ action against defendants-helmet manufacturers, alleging that defendants were aware of harmful effects of repeated concussive and subconcussive traumas to their brains, but never warned users about dangers of their helmets and instead represented that their helmets were protecting players. Trial court could properly find that instant case was time-barred, since: (1) instant action was filed more than two years after plaintiffs had previously sued NFL in federal court, alleging existence of “head problems” while playing football; and (2) allegations and conduct of instant plaintiffs in federal court action established that plaintiffs had sufficient knowledge and could have interposed instant claims against defendants as early as when they pursued claims in federal court. Appellate Court rejected plaintiffs’ claims that limitations period did not start to run until they were diagnosed with neurodegenerative disorder, or that instant limitations period should be tolled due to alleged fraudulent concealment committed by defendants, where plaintiff failed to show that defendants concealed any claim once federal action had been filed.