Kennedy, S. v. Robert Morris University, 133 A.3d 38

Background

In August 2010, plaintiff Shaye-Ashley Kennedy (an RMU freshman and cheerleader) was injured performing a "rewind" stunt at a mandatory Universal Cheerleader Association (UCA) camp arranged by RMU; she suffered a closed head injury and other injuries after landing with the back of her head striking the floor.
UCA ran and supervised the camp classes; UCA instructors determined which stunts to teach and provided instruction and supervision; RMU coach Hadfield sometimes observed but was not an instructor.
Kennedy filed suit alleging RMU negligence in stunt supervision and training; she initially filed a writ naming UCA but later stated she was not pursuing claims against UCA and pled no facts against UCA in her complaint.
RMU answered and interposed a cross-claim against UCA alleging the accident occurred under UCA control; UCA admitted control of instruction, denied negligence, and asserted statute-of-limitations and pleading defects.
Trial court granted summary judgment for RMU and UCA; plaintiff appealed, arguing RMU owed a duty (including non-delegable duties) and that summary judgment for UCA was improper.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether RMU owed a duty to Kennedy for injuries occurring at the UCA camp	RMU had a "special relationship" with student-athletes; camp was mandatory and arranged by RMU; RMU controlled pre-camp grouping and attendance so it owed a duty to supervise safety	RMU argued UCA exclusively controlled instruction/supervision at the camp; RMU only had duty in selecting a camp (not alleged to be negligent here)	Court held RMU owed no duty to prevent the injury because UCA had control and RMU did not breach any identified duty
Whether RMU could delegate its duties to UCA (non-delegable duty claim)	Kennedy claimed RMU’s duty to protect student-athletes was non-delegable and could not be shifted to UCA	RMU argued plaintiff failed to identify any specific non-delegable duty or any negligence by UCA; RMU engaged UCA as an independent contractor and did not retain control	Court rejected non-delegable-duty theory: plaintiff did not plead UCA negligence, the employment-based non-delegable analogues were inapposite, and RMU did not retain control
Whether Kleinknecht (3d Cir.) controls and creates a duty here	Kennedy relied on Kleinknecht to show foreseeability and duty arising from school–athlete relationship	RMU distinguished Kleinknecht as involving on-site school-sponsored practice and foreseeable medical emergency response obligations	Court found Kleinknecht distinguishable and reaffirmed that foreseeability alone does not create a duty where another party had supervisory control
Whether summary judgment for UCA was improper given RMU’s cross-claim	Kennedy asserted UCA still had liability; questioned UCA dismissal and summary judgment	UCA had been dismissed as a direct defendant by stipulation and plaintiff had not pled claims against it; any RMU claims against UCA survived only to the extent RMU could show liability	Court affirmed summary judgment for UCA: plaintiff had discontinued direct claims, UCA had limited status, and once RMU’s liability was resolved in its favor no direct basis remained against UCA

Key Cases Cited

Summers v. Certainteed Corp., 997 A.2d 1152 (Pa. 2010) (standard and review rules for summary judgment)
Sellers v. Township of Abington, 106 A.3d 679 (Pa. 2014) (Althaus factors for duty analysis)
Althaus v. Cohen, 756 A.2d 1166 (Pa. 2000) (framework for duty determination)
Kleinknecht v. Gettysburg College, 989 F.2d 1360 (3d Cir. 1993) (college duty for foreseeable medical emergencies at school-sponsored athletic events)
Tincher v. Omega Flex, 104 A.3d 328 (Pa. 2014) (product-liability and discussion of nondelegable duties generally)
Thompson v. Nason Hosp., 591 A.2d 703 (Pa. 1991) (hospital corporate-negligence doctrine recognizing some non-delegable duties)
Webb v. Zern, 220 A.2d 853 (Pa. 1966) (seller liability under Restatement §402A as example of non-delegable duty)