Kennedy v. Robert Morris University, 2016 Pa. Super 16 (Jan. 29, 2016); 133 A.34d 38 (2016 Pa. Super LEXIS 47)

Summary judgment for a university and a coach present as an observer at cheerleading instruction.

In a case that was denied a Petition for Allowance of Appeal by the Pennsylvania Supreme court, summary judgment was properly granted to a university in a negligence action by a university cheerleader who was injured practicing stunts. The practice was mandatory, but the practice camp was run by a cheerleading association. The court found there was no duty breached by the university or its cheerleading coach, and that there was no merit to a non-delegable duty claim as there was no negligence alleged against the cheerleading association, which had been engaged as an independent contractor.

 

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