Feleccia, A. v. Lackawanna College
156 A.3d 1200
Pa. Super. Ct.2017Background
- Two student-athletes (Feleccia and Resch) were injured during a full‑contact "Oklahoma/Man‑Maker" tackling drill at Lackawanna College’s first spring contact practice on March 29, 2010. One suffered a vertebral fracture; the other a brachial plexus injury.
- The College had recently hired two recent graduates (Coyne and Bonisese) as athletic trainers, but both had failed certification at hire and were later retitled "first responders." No certified athletic trainer was on the field that day.
- Plaintiffs signed a pre‑injury Waiver of Liability and Hold Harmless Agreement before tryouts; they admitted knowing the waiver barred suits for injuries incurred while playing football.
- Plaintiffs sued for negligence, negligence per se, gross negligence/recklessness, and sought punitive damages; defendants moved for summary judgment based primarily on the waiver and assumption of risk defenses.
- The trial court granted summary judgment for defendants; the Superior Court reversed, holding genuine issues of material fact exist about (a) whether the waiver covers defendant’s own negligence/recklessness and (b) whether the College’s failure to provide qualified medical personnel constituted gross negligence or recklessness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforceability/scope of pre‑injury waiver | Waiver does not clearly or unambiguously release College for its own negligence or for gross negligence/recklessness; waiver cannot bar recklessness per Tayar | Waiver expressly released College from all liability arising from participation in football and should bar negligence claims | Waiver valid in form but not necessarily enforceable to bar claims for reckless or grossly negligent conduct; court reversed summary judgment because ambiguity and factual disputes remain about scope and serious misconduct |
| Recklessness/gross negligence exception to waivers | Plaintiffs allege College acted recklessly/grossly negligently by employing unlicensed, unqualified personnel and failing to provide adequate medical coverage | Defendants contend plaintiffs waived claims and that allegations of recklessness were only raised incidentally (punitive damages) and do not defeat waiver | Under Tayar, releases cannot bar reckless conduct; plaintiffs sufficiently pled gross negligence/recklessness and created factual disputes requiring jury resolution |
| Duty to provide qualified medical personnel / negligence per se | College owed a special duty to intercollegiate athletes to provide qualified medical personnel; hiring unlicensed trainers may violate statutory/regulatory requirements (negligence per se) | College asserts first‑responder status and Good Samaritan immunity; contends no legal requirement mandated a certified trainer on the practice field | Court found Kleinknecht persuasive: college owes duty to be reasonably prepared with qualified medical personnel; factual disputes about duties and whether statutory/regulatory violations occurred preclude summary judgment |
| Assumption of the risk (defense) | Plaintiffs did not assume the amplified risk created by College’s failure to provide qualified medical staff and relied on trainer advice; thus assumption of risk does not bar recovery | Defendants argue plaintiffs knowingly and voluntarily encountered the drill risks and thus defendants owed no duty | Assumption‑of‑risk is typically a jury question; here factual disputes (awareness of lack of qualified staff, reliance on staff) mean summary judgment inappropriate |
Key Cases Cited
- Chepkevich v. Hidden Valley Resort, L.P., 2 A.3d 1174 (Pa. 2010) (sets standards for validity and interpretation of exculpatory clauses)
- Tayar v. Camelback Ski Corp., 47 A.3d 1190 (Pa. 2012) (pre‑injury releases cannot waive liability for reckless conduct)
- Kleinknecht v. Gettysburg College, 989 F.2d 1360 (3d Cir. 1993) (college owes duty to intercollegiate athletes to provide reasonable medical preparedness)
- Kennedy v. Robert Morris Univ., 133 A.3d 38 (Pa. Super. 2016) (summary judgment standard and duty analysis in campus athletic contexts)