Concussion Sports Injuries • Class Action • Duties to Students
Hites v. Pa. Interscholastic Athletic Ass’n, PICS Case No. 16-1346 (C.P. Lawrence Oct. 11, 2016) Fike, J. (79 pages).
In an action brought by three students who had suffered concussions while playing interscholastic sports, and costs for ongoing treatment, they sought to hold the state athletic association responsible for insufficient policies for the students’ health and safety and their enforcement. They alleged negligence in implementing the policies, failure to educate on the dangers of concussions, and failure to inform of medical financial aid. The association objected to the claim of duty and raised the inherent risk argument. The court dismissed parts of the preliminary objections and sustained others, recognizing that parts of the matter required further discovery at trial.
