Former North Carolina State University student-athletes are appealing a judge’s decision to dismiss their lawsuit against the university’s sports medicine director and other university officials.
According to The Carolina Journal, Wake County Superior Court judge Bryan Collins dismissed the case on June 9, specifically against the current and former athletics directors, alleging the superior court was the incorrect venue. The former student-athletes filed their appeal on Wednesday, also dropping their complaint against former Chancellor Randy Woodson.
Related: Judge Dismisses Lawsuit by 31 Former NC State Athletes Alleging Abuse
“[T]he Plaintiffs have failed to state a claim upon which relief may be granted as it concerns their claim for constructive fraud and … the Plaintiffs’ claims for relief for battery, assault, and invasion upon seclusion were not filed prior to the expiration of the applicable statutes of limitations,” Collins wrote in an order dismissing the suit against Murphy. “The Court further finds that Plaintiffs have failed to allege sufficient facts to satisfy the elements of equitable estoppel.”
The former student-athletes allege sexual abuse under the guise of treatment and harassment by the Wolfpack’s former director of sports medicine. The lawsuit cites redacted documents that identify concerning behavior as early as 2014 or 2015. One former athlete told ESPN that Murphy's reputation for touching athletes on their genitals was so widely known that they called it the "Rob Murphy special."
Related: Title IX Investigation Finds NC State Trainer Abused Student-Athletes During Treatment
Judge Collins claims the superior court does not have the jurisdiction to hear the case. “Having found that this Court lacks subject matter and/or personal jurisdiction over these Defendants, the Court does not reach the arguments raised by these Defendants concerning failure to state a claim, statutes of limitations and repose, or equitable estoppel.”
Collins also noted that there were time constraints on the case, because eligibility plaintiffs needed to be included on the lawsuit no later than Aug. 30, 2025, and some were added several weeks after that date.
