Miscellaneous

July 23rd, 2019 by Rieders Travis in Miscellaneous

RELEASE-HOLD HARMLESS CLAUSE Felecccia, et al. v. Lackawanna College, et al., No. 75 MP 2017 (August 20, 2019).  JUSTICE DOUGHERTY In this discretionary appeal arising from the dismissal of personal injury claims on summary judgment, we consider whether the Superior Court erred in 1) finding a duty of care and 2) holding a pre-injury waiver signed by student athletes injured while playing football was not enforceable against claims of negligence, gross negligence, and recklessness.  We affirm the Superior Court’s order only to the extent it reversed the trial court’s entry of summary judgment on the claims of gross negligence and recklessness, and we remand to the trial court for further proceedings consistent with this opinion.  Feleccia was injured while attempting to make his first tackle, experiencing a “stinger” in his right shoulder.  Feleccia returned to practice and suffered a traumatic brachial plexus avulsion while making a tackle with his right shoulder.   The Superior Court articulated a duty not previously recognized by Pennsylvania Courts:  a college has a “duty of care to its intercollegiate student athletes require(ing) the football tryout, . . . and to provide adequate treatment in the…