Nakamura v. BRG Sports, LLC

Illinois Appellate Court
Civil Court
Statute of Limitations
Citation
Case Number: 
1-18-0397
Decision Date: 
Monday, October 21, 2019
District: 
1st Dist.
Division/County: 
1st Div.
Holding: 
Reversed and remanded
Justice: 
Griffin

Trial court erred in dismissing on statute of limitations grounds plaintiff-former football player’s action against defendant-football helmet manufacturer in action alleging that plaintiff incurred significant medical conditions as result of head trauma he endured while playing football. Record showed that plaintiff had filed disability insurance claim in 2013 when he suffered severe concussion that ultimately ended his career and did not file instant action until 2017. While trial court found that instant case was time-barred by applicable two-year limitations period because plaintiff knew enough about his injuries when he filed insurance claim in 2013 so as to trigger limitations period, Appellate Court found that there was question of fact as to whether plaintiff’s disability claim caused limitations period to run for harm plaintiff sought in instant case, where: (1) plaintiff’s disability claim concerned consequences arising out of single concussion; (2) instant claim concerns damages arising out of repetitive concussive and sub concussive trauma experienced by playing football throughout his career; and (3) there was no evidence that plaintiff knew in 2013 that he was suffering from latent brain injury that would manifest itself in form of insidious neurodegenerative disorder at issue in instant case.