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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