According to the Opinion, the stadium is owned by the Scranton School District and was leased to the Scranton Preparatory School under an oral agreement.
The Plaintiff alleged negligence against both Defendants.
The Scranton School District argued that it was immune from liability under the Pennsylvania Political Subdivision Tort Claims Act given that it allegedly lacked notice of the defect and given that the Plaintiff had not suffered a “permanent injury” as required by law to proceed with such a claim in this context.
The court found that the Plaintiff had produced liability and medical expert evidence on the claim presented such that issues of fact precluded the entry of summary judgment.
More specifically, on the liability issues, the Plaintiff produced an expert who asserted that the walkway’s 1.5 inch uneven slab not only constituted a trip hazard, but had also existed for years and allegedly remained unaddressed despite safety inspections.
Regarding the Plaintiff’s injuries, the Plaintiff’s medical experts reported ongoing hand dysfunction and other chronic conditions. The court noted that genuine issues of fact existed for a jury to decide on the alleged permanence of the Plaintiff’s injuries.
The Co-Defendant, Scranton Prep, asserted that it did not bear any responsibility for maintaining the stadium given that it was a lessee without possession or control premises. The court found issues of fact regarding control and responsibility over the premises. As such, summary judgment was denied in this regard as well.
Anyone wishing to review a copy of this decision may click this LINK.
Source: Lackawanna Jurist (Aug. 29, 2025).
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