What conduct constitutes gross negligence is an important question in Pennsylvania law, particularly with regard to issues involving liability waivers and healthcare provider immunity pursuant to the Mental Health Procedures Act (MHPA) 50 P.S. Section 7101 et seq. In the recent case of Feleccia v. Lackawanna College, No. 75 MAP 2017 (Pa. 2019), the Pennsylvania Supreme Court, with reference to several cases interpreting the MHPA, defined the term gross negligence in the context of a motion for summary judgment involving a liability waiver agreement.

Facts in ‘Feleccia’

Feleccia actually involved two student athletes at Lackawanna College who suffered severe physical injuries while both were participating in football tackling drills on the same day in March 2010. Prior to participating in the football practice where they were injured, both plaintiffs signed a document termed Lackawanna College waiver of liability and hold harmless agreement. According to the document, the plaintiffs agreed to relinquish any claims for injuries that they may have sustained arising from their participating in the school’s football program. Despite the plaintiffs signing the waiver, they filed suit to recover for their injuries, advancing claims of negligence, negligence per se, gross negligence and recklessness. The plaintiffs sought not only compensatory but also punitive damages.

Trial Court Grants Summary Judgment

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