Canzano: Buckle Up--High-Stakes Case Takes Shape in Oregon Courtroom

[Charles Fischer]

 

EUGENE — Willie Taggart arrived in Courtroom 303 at the Lane County Courthouse on Tuesday wearing a blue suit, blue tie, white button-down dress shirt and a pair of eyeglasses. The one-time University of Oregon football coach sat behind counsel table, left of the bench.

 

Two former Ducks’ football players were there, too. Doug Brenner and Sam Poutasi were hospitalized in 2017 after a series of grueling offseason workouts caused what they now claim are permanent injuries. Their lawsuit seeks $125 million and names the NCAA, UO, Taggart and former strength coach Irele Oderinde as defendants.

 

Lawyers select juries in a process known as “voir dire,” in which the judge and attorneys for both sides ask potential jurors questions. The lawyers representing the various parties waded into the jury pool on Tuesday, strategizing and questioning. By the end of business, they’d have 12 jurors and a handful of alternates.

 

Two potential jurors were dismissed early on Tuesday after indicating they were die-hard Ducks’ fans still miffed that Taggart ditched Oregon for Florida State.  Said one of them, "Yeah, I'm mad at him for leaving after a year."

 

One retired female juror announced she was biased against “big corporations” and said “something happened and these boys need to be heard.” It prompted an observing attorney sitting in the back of the courtroom to whisper, “She’ll be gone in two questions.”

 

He was wrong. It took seven. But she was struck.

 

The jury took shape. It’s an interesting group. Among those who made the cut were two jurors who said they had medical backgrounds. One other told the court that he attended law school and passed the bar but never practiced law. A fourth juror works as a personal trainer. Another is ex-military who served in Iraq.

 

One observer in the courtroom noted, “lots of salt of the Earth” types.

 

Some notes here:

• Legal experts in the courtroom noticed that the Oregon-based lawyers for the university huddled often with the attorneys representing Taggart and Oderinde. Also, that the NCAA’s East-Coast based group of attorneys huddled together off to the side. But the two groups of defendant lawyers did not talk with each other during jury selection.

• At one point the lawyers for all sides went into the courtroom hallway during a recess to speak privately. The jury pool remained behind and an open microphone captured some of their conversation. Noted one juror who was selected, “I’m dreading eating hamburgers for lunch for the next three weeks.”

• The plaintiffs originally asked for $25 million. They amended their lawsuit in March and tacked on an additional $100 million ask for punitive damages, but only against the NCAA. It’s a clever strategy. The prevailing thought is that a Eugene-based jury might not feel inclined to hammer UO with nine-figures in damages, but would be less empathetic toward the Indianapolis-based governing body of college athletics.

 

 

The former UO football players at the center of the case will soon outline the damages they believe they suffered during those off-season workouts. They’ll talk about trash cans brought out for players to vomit in and oxygen tanks that were carried in on the second day of workouts. They’ll recount how Taggart told the team shortly after being hired that he was, “going to find the snakes in the grass and cut their heads off.”

 

Brenner told me after his hospitalization, “They took years off my life.”

 

Doug Brenner filed a $125 million lawsuit.

 

Attorney Greg Kafoury represents Brenner. He’s a seasoned litigator with a reputation of getting great results for his clients. Said one attorney who has opposed him in court, “It’s the way he looks, the way he speaks, the tone of his voice, and how comfortable he is in the court room. “It tends to put you at ease.”

 

Kafoury, however, struck a different tone, at least early in the proceedings on Tuesday. He was abrasive with the potential jurors. He pressed a few for answers. It caused some to wonder what he might be thinking. Perhaps, Kafoury took a stronger opening stance because he smelled blood in the water. After all, the NCAA’s lead attorney began the day with a softer tone, apologizing to the plaintiffs numerous times.

 

Be sure — there is a lot at stake here.

 

Brenner and Poutasi feel wronged and want $125 million in justice. Taggart and Oderinde badly want this lawsuit behind them with as little financial and professional damage as possible. The university denies any wrongdoing and wants this gone without a substantial hit. The NCAA probably feels like it’s only here because it has deep pockets.

 

Feels ripe for a settlement, doesn’t it?

 

Except for the conflicting agendas of the defendants and their splintered attorneys, that is. I doubt the NCAA wants to absorb an eight-or-nine figure settlement on its own. Taggart and Oderinde won’t want to publicly acknowledge they acted irresponsibly. And UO doesn’t think it did anything wrong. The university won’t want to admit it didn’t properly care for its student athletes. In this, the plaintiff’s attorneys appear to have successfully divided the prey in the courtroom.

 

Taggart is an interesting participant. There are lots of bad feelings about the manner in which he departed Eugene. Most have moved on, noting that his successor, Mario Cristobal, won multiple Pac-12 titles. Still, he’s a polarizing figure in this drama.

 

The jury will be sworn in today. Opening statements will follow. This case has the potential for a massive ripple effect across college athletics. I suspect this lawsuit will be widely followed should it go the distance in the next three weeks.

 

The way coaches instruct and the certification process for strength coaches is all in play in this case. Other universities will take notice of what happens. The NCAA may alter its workout policies. We’re told this is the offseason. It sure doesn’t feel like it in Eugene.

[Steven A]

As usual, we know some of the winners in this suit ..... regardless of the outcome, the attorneys are looking at at least 6 figure incomes.

[Duck 1972]

The coaches are the only ones who should be liable.

[Steven A]

On 4/13/2022 at 12:57 PM, Duck 1972 said:

The coaches are the only ones who should be liable.

I'm going to add the University for not having controls on the conditioning coach's credentials.  If you are replacing Radcliffe (?) then you better know who you are getting and vet him or her.

 

[DuckPhan19]

On 4/13/2022 at 12:53 PM, Steven A said:

As usual, we know some of the winners in this suit ..... regardless of the outcome, the attorneys are looking at at least 6 figure incomes.

The plaintiffs’ attorneys have this on contingency and have likely advanced substantial amounts for experts and other costs. A defense verdict will leave them in the red. The team of defense attorneys .. different story.

[Steven A]

On 4/13/2022 at 2:01 PM, DuckPhan19 said:

A defense verdict will leave them in the red.

Don't see that happening.  Interesting jury per Canzano.

[Viking Duck]

On 4/13/2022 at 1:37 PM, Steven A said:

I'm going to add the University for not having controls on the conditioning coach's credentials.  If you are replacing Radcliffe (?) then you better know who you are getting and vet him or her.

 

I had a bad taste in my mouth from the beginning over replacing Radcliffe; one of those things where you think, "OK, but you better be replacing him with someone phenomenal."

 

The entire incident that ensued seemed like it emphatically showed that he was not replaced with someone phenomenal, but rather with a friend of the new head coach with mediocre skills. Taking the team from 'industry leading' sports conditioning science to boot camp practices from many decades ago was not an auspicious start.

 

More deserved fallout from a really poor hire IMHO.

 

No matter what the settlement or damages turn out to be, a rebuke is definitely in order.

[Jon Joseph]

"Years off my life?"

 

Give me a break. This would have been laughed at 20 or fewer seasons ago. In the 60s in high school we practiced intentionally without water breaks. Smart? No. But worth $100M?

 

Amazing, I'm 75 and still alive. Still alive when the seat belt was your Mom's right hand. Still alive without having to wear armor to ride a bicycle. Still alive while eating stuff off the shelf that wasn't labeled. Still alive when we used to hitch-hike everywhere.

 

LOL. Let's just get to 7 on 7. Probably coed 7 on 7, sooner rather than later.

 

Would have loved to have seen this guy hitting the beach at Normandy or hitting the beach in the south Pacific. 

 

Where is one of Charles great 'kitty-cat' GIFS when we need it. Because of my respect for the site I'm not going to use the P-word.

 

Should anyone be practiced 'sick?' No. But this stuff is so over the top it is beyond belief. Seriously, with all of the 'junk' going on today how long will CFB or the NFL for that matter, continue to be played?

 

'First thing we do, we kill all the lawyers.'

Edited April 14, 2022 by Jon Joseph

[DrJacksPlaidPants]

If Doug Brenner is going to get $100M for years being taken off of his life the he owes me $50M for having to sit through the 2016 Alamo Bowl and watch him single-handedly blow a 31 point lead.
 

Yes, it was all his fault that I aged 20 years that night.  I’m sorry, but Jeff Lockie started every play from the squatted position while picking the ball up off the turf. It’s hard to read a defense, set your feet, and then throw an accurate pass in those conditions.

[DUCKED]

On 4/13/2022 at 7:18 PM, Jon Joseph said:

"Years off my life?"

 

Give me a break. This would have been laughed at 20 or fewer seasons ago. In the 60s in high school we practiced intentionally without water breaks. Smart? No. But worth $100M?

 

Amazing, I'm 75 and still alive. Still alive when the seat belt was your Mom's right hand. Still alive without having to wear armor to ride a bicycle. Still alive while eating stuff off the shelf that wasn't labeled. Still alive when we used to hitch-hike everywhere.

 

LOL. Let's just get to 7 on 7. Probably coed 7 on 7, sooner rather than later.

 

Would have loved to have seen this guy hitting the beach at Normandy or hitting the beach in the south Pacific. 

 

Where is one of Charles great 'kitty-cat' GIFS when we need it. Because of my respect for the site I'm not going to use the P-word.

 

Should anyone be practiced 'sick?' No. But this stuff is so over the top it is beyond belief. Seriously, with all of the 'junk' going on today how long will CFB or the NFL for that matter, continue to be played?

 

'First thing we do, we kill all the lawyers.'

You might be still alive after smoking for 50 years, eating nothing but fried foods, and riding your motorcycle with no helmet.

 

That’s called luck.

 

What makes this entire thing ridiculous is the $100 million cash grab that smacks of nothing more than his lawyer seeking a settlement.

 

If anyone should bear responsibility it’s the coaches, but given the overly ambitious position the plaintiff’s lawyers are taking, I’m rooting - dare I say - for Taggert and his woefully under qualified strength coach.

[toketeeman]

I recall posting way back then during those health-threating workouts for those players - while NO ONE ELSE HAD NOTICED - that I had simply done some research on the Internet to discover Taggart's new strength and conditioning coach had ZERO NATIONAL-LEVEL CERTIFICATIONS for such an important D1 position! I now bet that same fact will be reprised in the trial.

[Wrathis]

On 4/13/2022 at 9:18 PM, Jon Joseph said:

"Years off my life?"

 

Give me a break. This would have been laughed at 20 or fewer seasons ago. In the 60s in high school we practiced intentionally without water breaks. Smart? No. But worth $100M?

 

Amazing, I'm 75 and still alive. Still alive when the seat belt was your Mom's right hand. Still alive without having to wear armor to ride a bicycle. Still alive while eating stuff off the shelf that wasn't labeled. Still alive when we used to hitch-hike everywhere.

 

LOL. Let's just get to 7 on 7. Probably coed 7 on 7, sooner rather than later.

 

Would have loved to have seen this guy hitting the beach at Normandy or hitting the beach in the south Pacific. 

 

Where is one of Charles great 'kitty-cat' GIFS when we need it. Because of my respect for the site I'm not going to use the P-word.

 

Should anyone be practiced 'sick?' No. But this stuff is so over the top it is beyond belief. Seriously, with all of the 'junk' going on today how long will CFB or the NFL for that matter, continue to be played?

 

'First thing we do, we kill all the lawyers.'

The days of the Junction Boys are over.

 

Now for reference, I played 25 years ago (wow, it has been THAT long ago!) and "feeding the grasshoppers" at practice was fairly commonplace.

Safety (read liability) permeates everything for reasons exactly like this. Fact is, Taggart should have known better than to hire Oderinde without him having any credentials and the University should have vetted Taggarts' staff before allowing them to come on board. 

 

That being said, it doesn't mean I agree with Brenner's position. However, we simply can't expect the grit from todays men that their forefathers had. Our current men are bigger, faster and stronger but have traded in their fortitude and toughness for those things. Current athletes are closer akin to finnicky Ferrari's than the diesel trucks that their ancestors were.

 

I do apologize, but as a society we are currently right smack in the middle of the transition from "Good times create weak men" to "Weak men create hard times".

[Annie]

From an article in ESPN:

 

The condition, in which skeletal muscle tissue is rapidly broken down and products of that process are released into the bloodstream, caused permanent damage to Brenner's kidneys, and his life expectancy has been reduced by about 10 years, according to the lawsuit. Depending on the severity, rhabdomyolysis can be harmful to the kidneys and might lead to kidney failure, according to the U.S. National Library of Medicine.

 

I realize it could be years before the total effects are known, but it sounds serious to me.

[DuckPhan19]

On 4/13/2022 at 3:17 PM, Steven A said:

Don't see that happening.  Interesting jury per Canzano.

I do think it’s a possibility if it goes to verdict. don’t think it was necessarily an atypical D1 football workout. If one guy had gotten rhabdo he wouldn’t have a case. Here three-Poutasi, Brenner and Cam McCormick- got it out of around 100. The defense will have a team of experts to say this was a typical workout administered by top coaches and trainers and that some percentage of injuries are expected and unavoidable. Sounds like the “interesting” jurors were stricken. Lane county jurors are nowhere near as generous as multnomah. 
 

on the other hand the judge allowed them to add punitive damages, which would’ve required a threshold showing of reckless indifference to the players’ health. My guess is that gives the plaintiffs the leverage they need to reach a settlement. The settlement amount should be available as a public record so good ol Canzano will keep us informed I’m sure.

[Tandaian]

Hospitalization of players should be considered serious.  It should never happen.  If it happens, it means the trainer failed at their job.

 

The back in my day quotes fall on deaf ears.  Everything is different even from 10 years ago when it comes to medicine and athletics.  Comparing today's athletes with 40 year ago athletes is silly.

 

I have a kidney disease and if I would have gone to the hospital because of rhabdomyolysis, it could have killed me or caused my kidneys to fail and I would be on dialysis for the rest of my life.  Multiple of my family members have been on dialysis and it doesn't quite ruin your life, but it sure makes it that much harder.

 

125 mil sounds like the opening offer when bargaining.  It is absolutely a money grab by the lawyers.  I don't think they will land any where near that number when all is said and done, but who knows.

[Annie]

On 4/14/2022 at 12:00 PM, Tandaian said:

...

 

125 mil sounds like the opening offer when bargaining.  It is absolutely a money grab by the lawyers.  I don't think they will land any where near that number when all is said and done, but who knows.

Since the 100 million part is directed only toward the NCAA, it will be interesting to see how much of that is awarded, if there is a guilty verdict. The players affected are still young, so they have a lot of years to be negatively affected by having to deal with the effects of rhabdomyolysis, and, of course, their lives might also be shortened because of it. Though the movie The Verdict dealt with a totally different health issue, what sticks in my mind is the jury asking if they could award more money that what was being asked for.

[WiseKwacker]

On 4/13/2022 at 11:38 PM, cartm25 said:

I cringe at jurors who go into a trial with a pre-determined verdict. Lady Justice is blindfolded.

Yeah. Sometimes I read what a juror responded to a question and ask myself, "Hmmm, is this person really so naive as to believe that this response won't get them disqualified by one side or the other? Or, just maybe that was their intent in the first place..."

Edited April 14, 2022 by WiseKwacker

[toketeeman]

On 4/13/2022 at 10:03 PM, toketeeman said:

I recall posting way back then during those health-threating workouts for those players - while NO ONE ELSE HAD NOTICED - that I had simply done some research on the Internet to discover Taggart's new strength and conditioning coach had ZERO NATIONAL-LEVEL CERTIFICATIONS for such an important D1 position! I now bet that same fact will be reprised in the trial.

Yep, I won the bet. The extremely inadequate level of certification came right out in the trial in its first week . . .