MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Andrew Guerra commenced this action on April 23, 2021, alleging negligence against Ithaca College football program head coach Daniel Swanstrom (“Swanstrom”), and Ithaca College (collectively, “Defendants”). Dkt. No. 1 (“Complaint”). Plaintiff’s claim arises from a head injury he suffered during preseason football practice. See Compl. 1. Now before the Court is a motion for summary judgment, Dkt. No. 39-24 (“Motion”), along with a statement of material facts, Dkt. No. 39-23 (“Statement of Material Facts” or “SMF”), filed by Defendants. Plaintiff has filed a response and statement of material facts in opposition to the Motion. Dkt. No. 42 (“Response”); Dkt. No. 42-1 (“Response to Statement of Material Facts” or “RSMF”). Defendants have submitted a reply. Dkt. No. 47 (“Reply”). For the reasons that follow, Defendants’ Motion is denied. II. BACKGROUND A. NCAA Bylaws in Place in August 2019 Per the NCAA bylaws in place in August 2019 (“2019 Bylaws”), all student-athletes are required to undergo a five-day acclimatization period prior to the season, including the first five days of preseason practice.1 Dkt. No. 39-13 (“Exhibit D”) at 3. Under the 2019 Bylaws, student-athletes also may not engage in more than one on-field practice and one walk-through session during the acclimatization period, and these “shall be limited to a combined total of four hours per day with the practice session not to exceed three hours.” Mot. at 5 (emphasis added). Following this acclimatization period, practices are likewise limited to one on-field practice per day not to exceed three hours. Id. at 6. Furthermore, the 2019 Bylaws state that student-athletes shall not engage in more than one on-field practice per day, both during and after the acclimatization period. See id. at 5-6. Finally, the 2019 Bylaws highlight that during the five-day acclimatization period, student-athletes must have at least three hours of continuous recovery time between sessions, including on-field practice or a walk-through. See Exhibit D at 3. Following the five-day acclimatization period, student-athletes must likewise “be provided with at least three hours of continuous recovery time between an on-field practice session and a walk-through. During this time, student-athletes may not attend any meetings or engage in other athletically related activities (e.g., weightlifting).” Id. at 4. The Court notes that both Plaintiff and Defendants interpret the 2019 Bylaws as requiring three hours of recovery time between the end of football practice and the beginning of weightlifting. See Resp. at 14; see also Mot. at 10-11. B. Factual History 1. Events Preceding August 19, 2019 Plaintiff, a first-year Ithaca College student, joined the college’s football team and began preseason football activities in August 2019. SMF
1-2. On August 14, 2019 — prior to participating in any practice sessions — Plaintiff “signed an acknowledgment of risk form, acknowledging the risk of head injury and concussion associated with football.” SMF 3. According to Plaintiff, the form “did not advise, and Plaintiff did not sign off on, Defendants’ negligence in violating the NCAA Bylaws required to keep players safe.” Id. On August 18, 2019, Plaintiff practiced with the first-year football players (“First-Years”). SMF 7. Plaintiff “was a top prospect and performed well,” and was asked to return for another practice session with the Returning players (“Returners”) on the following day, August 19. Id. 7-8. Plaintiff, however, states he was “never informed or instructed that” his August 19 practice sessions with both the First-Years and the Returners “would constitute one continuous practice.” RSMF 7. 2. August 19, 2019 Plaintiff and Defendants disagree about the events that occurred on August 19, 2019. Defendants state that the First-Year practice was rescheduled to start at 11:00 AM. SMF
