Baumbach v. Lafayette College, 2022 WL 628500, No. 212 EDA 2021 (Pa. Super. Ct. Mar. 4, 2022)

Question of whether student justifiably relied on school’s representation that it was safe to walk to remote parking location was province of the jury.

A college sports team was required to walk down a dark street with no sidewalks to reach the parking facility after practices, which ended late in the evening. On one such occasion, one student-athlete was struck by a drunk driver and seriously injured. The lower court initially determined the school did not owe the student a duty, but the appellate court reversed. The appellate court noted the school was aware of prior accidents near the location and that knowledge and its representation—that the students could safely park and walk down that street—meant a jury could determine the student-athlete justifiably relied on that safety representation and, thus, liability could attach.


Case Law Alerts, 1st Quarter, April 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2022 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.