Tuesday, August 20, 2019

Pennsylvania Supreme Court Holds That Exculpatory Release Invalid as to Claims of Gross Negligence and Recklessness

The Pennsylvania Supreme Court affirmed the Pennsylvania Superior Court’s decision and ruled in the case of Feleccia v. Lackawanna College, 75 MAP 2017 (Pa. Aug. 20, 2019)(Op. by Dougherty, J.)(Wecht, J., Concurring and Dissenting)(Saylor, J., Concurring and Dissenting), that a waiver of liability in a release form is unenforceable with regards to claims of gross negligence and recklessness.

The case arose out of injuries sustained by two university football players during practice.

More specific to the facts at hand before it, the Court held that a university had a special relationship with its student athletes such that the university "had a duty to provide duly licensed athletic trainers for the purpose of rendering treatment to its student athletes participating in athletic events."

The Majority Opinion by Justice can be viewed HERE

Justice Wecht's Concurring and Dissenting Opinion can be viewed at this LINK.

Chief Justice Saylor's Concurring and Dissenting Opinion can be viewed HERE.

I send thanks to Attorney Paul Oven of the Moosic, PA office of the law firm of Dougherty, Leventhal & Price for bringing this case to my attention.

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