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MANN v. PALMERTON AREA SCHOOL DIST.

No. 16-2821.

872 F.3d 165 (2017)

Kenneth MANN, as parents and co plenary guardians of the estate of Sheldon Mann, an incapacitated person, and in their own right; Rose Mann, as parents and co plenary guardians of the estate of Sheldon Mann, an incapacitated person, and in their own right, Appellants v. PALMERTON AREA SCHOOL DISTRICT; Christopher Walkowiak, individually and in his official capacity as a football coach.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 21, 2017.

September 22, 2017.

Attorney(s) appearing for the Case

Howard J. Bashman, Esq. [Argued], Law Offices of Howard J. Bashman, 2300 Computer Avenue, Suite G-22, Willow Grove, PA 19090, Larry E. Bendesky, Esq. , Adam J. Pantano, Esq. , Robert W. Zimmerman, Esq. , Saltz Mongeluzzi Barrett & Bendesky, 1650 Market Street, One Liberty Place, 52nd Floor, Philadelphia, PA 19103, Counsel for Appellants Kenneth Mann and Rose Mann.

Thomas A. Specht, Esq. [Argued], Robin B. Snyder, Esq. , Marshall Dennehey Warner Coleman & Goggin, P.O. Box 3118, Scranton, PA 18505, Counsel for Appellees Palmerton Area School District and Christopher Walkowiak.

Before: McKEE, VANASKIE, and RENDELL, Circuit Judges.

OPINION OF THE COURT

In November of 2011 Sheldon Mann, a football player for the Palmerton Area School District, experienced a hard hit during a practice session. While some players thought that Sheldon may have been exhibiting concussion-like symptoms, he was sent back into the practice session by his Coach, Appellee...

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