CONTACT SPORTS DOCTRINE DOES NOT APPLY TO ATHLETIC TRAINER STRUCK BY HOCKEY PUCK - Mark P. Loftus

September 26, 2025

On December 31, 2009, the Second Appellate District Court of Illinois released an opinion that I had been waiting for – reversing the trial court’s dismissal of the negligence portion of one of my cases involving a very serious eye injury. My client, a young guy was an athletic trainer at the time of his injury. He was loaned out to a local hockey team. He spent most of his time in an office in the back, only coming to the ice under very limited circumstances – attending to an injured player or filling water bottles in the bench area when the players banged on his door.
On the day of the injury, he heard some banging on the door and headed to the bench area. As he stepped into the bench he caught a puck in the right eye. The puck fractured bones under his right eye and resulted in permanent vision loss. I filed suit against the player involved and the team. After discovery, they filed a motion to dismiss the negligence counts under the “contact sports doctrine” [CPS]. The CPS doctrine basically says that participants in a contact sport may be held liable for injuries to coparticipants only for injuries caused by “wilful and wanton” conduct – which essentially means the defendant knew that a serious injury would occur. Under the CPS defendants are NOT liable for injuries from simple negligence. The trial court, to my dismay, granted the motion. The court’s order left me with only wilful and wanton counts against the defendants – which are very difficult to prove.
I appealed the dismissal of the negligence counts. More precisely retained the very capable Joanna Fryer to handle the appeal. And last week learned that the Appellate Court reversed the trial court’s opinion dismissing the negligence counts. The Appellate Court ruled that my client was not a participant in a contact sport, and consequently the CPS doctrine does not apply. The negligence counts are re-instated. Nice way to start the year – with an win in the Appellate Court.

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According to online reports, Tesla ignored a $60 million dollar settlement overture in the wrongful death case that ultimately resulted in a $242 million dollar jury verdict against the car maker. The lawsuit grew out of 2019 crash where a Tesla Model S with Autopilot engaged, plowed through a Florida intersection and crashed into a Chevy Tahoe. Neima Benavides Leon and her boyfriend, Dillon Angulo were standing near the Tahoe when the Tesla crashed into it. Leon was killed and Angulo suffered serious injuries. A lawsuit was filed against Tesla, asserting that although the Autopilot feature was engaged, the vehicle did not brake. Florida law permits a monetary demand to be issued before trial. If the defendant fails to accept the demand within 30 days it is considered rejected. If the plaintiff then goes to trial and secures a verdict 25% greater than the offer, the defendant is on the hook for plaintiff’s investigative expenses and attorneys’ fees. Tesla is appealing the jury verdict, citing “substantial errors of law and irregularities at trial.”.
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Supreme Court lets $2.2 billion dollar ovarian cancer verdict stand against Johnson & Johnson - Mark P. Loftus

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This important ruling got kind of lost in the news cycle. A couple weeks ago, the United States Supreme Court refused to vacate a $2.2 billion dollar ovarian cancer verdict against Johnson & Johnson[“J & J”]. The verdict was originally returned by a Missouri jury in 2018 on behalf of 22 women. The original verdict was actually $4.7 billion but a Missouri Appellate Court reduced the award to $2 billion. Each of the women claimed that there was asbestos and asbestos-laced talc in J & J talcum powder products they used, and they developed ovarian cancer as a result. Asbestos is known to cause cancer. Talc, in its raw form is often found in close proximity to naturally occurring asbestos. When J & J mined talc, that talc sometimes contained asbestos. And that asbestos sometimes found its way into J & J personal hygiene products. [In 2019, J & J recalled 33,000 bottles of J & J products after FDA testing found asbestos in test samples]. J & J, has known of the risk of asbestos contamination in talc products since the 1970’s. Some 21,000 plus ovarian cancer cases are pending against J & J throughout the United States.
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DuPont to pay $2 Billion to clean up "forever chemical" messes - Mark P. Loftus

September 26, 2025
Reports today say that DuPont and the State of New Jersey have reached a $2 Billion dollar settlement arising out of DuPont’s release of “forever chemicals” into soil, wetlands and other areas in New Jersey – and then forgetting to clean up the mess they made. The settlement with DuPont is reportedly the largest environmental settlement ever obtained by a state. “Forever chemicals” – also known as PFAS(referring to per and polyfluoroalkyl substances) are man-made chemicals that are used in an extensive variety of products as they are both water and grease-resistant. The chemicals are linked to litany of health problems, including increased risk of certain cancers(kidney, testicular and breast) liver damage, thyroid issues and reproductive problems(such as decreased fertility, low birthweight and developmental problems). NJ.Com is reporting that one of the sites where DuPont created munitions created such significant contamination in the environment that over 300 homes required filters to prevent toxic chemicals from seeping into their homes. The settlement terms provide that DuPont will spend $875 millions cleaning up the contamination and set aside another $125 million to cover other damages that may arise. Additionally, DuPont will also set p a $1.2 billion funding source and reserve fund of $475 million to ensure that even if the company fails to make payments, or goes bankrupt, public funds will not be used. For a stark introduction into the nature of PFAS, check out Dark Waters, a compelling and criminally underrated movie based on the decades old fight waged by attorney Robert Bilott against DuPont for contaminating West Virginia rural communities.
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