Ice Hockey Injury Victim Gets Chance to Prove Recklessness

Posted on: June 26th, 2012       Attorney Thomas Newell

A 2009 Decision of the Pennsylvania Superior Court reversed a trial judge’s ruling and ordered that a PA personal injury claim should proceed forward in the litigation. A Dauphin County PA no checking ice hockey league was the scene of a horrible accident. One of the players was checked into the boards. He sustained a badly fractured leg which required several surgeries and left him with permanent injuries and scarring.

His Pennsylvania personal injury attorney filed a lawsuit alleging that the Defendant’s conduct went well beyond mere negligence and the risks assumed by the players on the ice. The Dauphin County Court of Common Pleas granted the Defendant’s Motion for Summary Judgment. The Appeals Court overruled the decision. The Pennsylvania personal injury victim was given the opportunity to present evidence to a jury that the Defendant breached a duty owed to his fellow player and that his actions were reckless. Archibald v. Kemble, 971 A.2d 513 (Pa. Super. 2009)

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