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FELECCIA v. LACKAWANNA COLLEGE

No. 75 MAP 2017.

215 A.3d 3 (2019)

Augustus FELECCIA and Justin T. Resch, Appellees, v. LACKAWANNA COLLEGE a/k/a Lackawanna Junior College, Kim A. Mecca, Mark D. Duda, William E. Reiss, Daniel A. Lamagna, Kaitlin M. Coyne and Alexis D. Bonisese, Appellants.

Supreme Court of Pennsylvania.

Decided August 20, 2019.

Attorney(s) appearing for the Case

Barbara Axelrod, Esq. , Beasley Firm, L.L.C. (The), Pennsylvania Association for Justice, Amicus Curiae.

Christopher D. Carusone, Esq. , Cohen Seglias Pallas Greenhall & Furman PC, Association of Independent Colleges and Universities of Pennsylvania, Amicus Curiae.

Mitchell Y. Mirviss, Esq. , National Athletic Trainers' Association & PA Athletic Trainers' Society, Inc., Amicus Curiae.

Steven Jay Engelmyer, Esq. , Eric Joseph Schreiner, Esq , Joshua John Voss, Esq. , Kleinbard LLC, for Appellants.

Andrew P. Motel, Esq. , Law Offices of Andrew P. Motel, L.L.C. (The), Daniel Joel Siegel, Esq. Law Offices of Daniel J. Siegel, L.L.C., Robert A. Saraceni Jr., Esq. , for Appellees.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

JUSTICE DOUGHERTY

In this discretionary appeal arising from the dismissal of personal injury claims on summary judgment, we consider whether the Superior Court erred in 1) finding a duty of care and 2) holding a pre-injury waiver signed by student athletes injured while playing football was not enforceable against claims of negligence, gross negligence, and recklessness. After careful review, we affirm the Superior...

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