989 F.2d 1360 (3rd Cir. 1993), 92-7160, Kleinknecht v. Gettysburg College

Docket Nº:92-7160.
Citation:989 F.2d 1360
Party Name:Suzanne W. KLEINKNECHT, Personal Representative of the Estate of Drew R. Kleinknecht, Deceased; Richard P. Kleinknecht, Personal Representative of the Estate of Drew R. Kleinknecht, Deceased; Suzanne W. Kleinknecht, and Richard P. Kleinknecht, in their own right v. GETTYSBURG COLLEGE, a corporation. Suzanne W. KLEINKNECHT and Richard P. Kleinknecht
Case Date:March 31, 1993
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit

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989 F.2d 1360 (3rd Cir. 1993)

Suzanne W. KLEINKNECHT, Personal Representative of the

Estate of Drew R. Kleinknecht, Deceased; Richard P.

Kleinknecht, Personal Representative of the Estate of Drew

R. Kleinknecht, Deceased; Suzanne W. Kleinknecht, and

Richard P. Kleinknecht, in their own right


GETTYSBURG COLLEGE, a corporation.

Suzanne W. KLEINKNECHT and Richard P. Kleinknecht, Personal

Representatives of the Estate of Drew R. Kleinknecht,

Deceased; and Suzanne W. Kleinknecht and Richard P.

Kleinknecht, in their own right, Appellants.

No. 92-7160.

United States Court of Appeals, Third Circuit

March 31, 1993

Argued Sept. 24, 1992.

Rehearing Denied April 27, 1993.

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[Copyrighted Material Omitted]

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Lee C. Swartz, Stephen M. Greecher, Jr. (argued), Hepford, Swartz & Morgan, Harrisburg, PA, for appellants.

James K. Thomas, II (argued), Paul J. Dellasega, Sarah W. Arosell, Thomas, Thomas & Hafer, Harrisburg, PA, for appellee.

Before HUTCHINSON and ALITO, Circuit Judges, FULLAM, District Judge. [*]


HUTCHINSON, Circuit Judge.

Suzanne W. Kleinknecht and Richard P. Kleinknecht (collectively "the Kleinknechts") appeal an order of the United States District Court for the Middle District of Pennsylvania granting summary judgment to appellee Gettysburg College ("the College"). The district court had subject matter jurisdiction under 28 U.S.C.A. § 1332(a)(1) (West Supp.1992) 1. This Court has appellate jurisdiction under 28 U.S.C.A. § 1291 (West Supp.1992). 2 We will reverse the district court's order granting summary judgment to the College for the following reasons.

I. Procedural History

Drew Kleinknecht died of cardiac arrest on September 16, 1988, while a student at the College and during a practice session of its intercollegiate lacrosse team. His parents filed this wrongful death and survival action against the College on August 15, 1990. The College filed an answer on September 11, 1990, and a motion for summary judgment on August 31, 1991. The district court initially denied the motion on November 1, 1991, but then granted the College's motion for reconsideration on January 9, 1992.

Following oral argument on January 30, 1992, the district court reversed its earlier decision and entered summary judgment in favor of the College on March 12, 1992. Kleinknecht v. Gettysburg College, 786 F.Supp. 449 (M.D.Pa.1992). In its opinion, the court first held that the College had no duty to anticipate and guard against the chance of a fatal arrhythmia in a young and healthy athlete. Id. at 454. The court also held that the actions taken by school employees following Drew's collapse were reasonable, and thus the College did not negligently breach any duty that might exist. Id. at 456.

In a footnote the court observed that because it had found that the College owed no special duty of care to Drew, it was not necessary to reach the question whether the immunity Pennsylvania's Good Samaritan law provides applied to any of the defendants. Id. at 457 n. 2. The court nevertheless stated that if the immunity law were applicable, Head Coach Henry L. Janczyk and Assistant Coach Donald Anderson would not be immune because neither of them held the required certification. Id. The court held, however, that student volunteer trainer Traci Moore would be shielded from liability, and that the College would also be immune because "the statutory context does not 'clearly indicate[ ]' ... that the word 'person' does not apply to corporations...." Id.

The Kleinknechts filed a timely appeal on March 25, 1992.

II. Factual History

In September 1988, Drew Kleinknecht

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was a twenty-year old 3 sophomore student at the College, which had recruited him for its Division III intercollegiate lacrosse team. The College is a private, four-year liberal arts school. In 1988, it had an enrollment of about two thousand students and supported twenty-one intercollegiate sports teams involving approximately 525 male and female athletes.

Lacrosse is a contact sport. In terms of sports-related injuries at the College, it ranked at least fourth behind football, basketball, and wrestling, respectively. Lacrosse players can typically suffer a variety of injuries, including unconsciousness, wooziness, concussions, being knocked to the ground, and having the wind knocked out of them. Before Drew died, however, no athlete at the College had experienced cardiac arrest while playing lacrosse or any other sport.

In September 1988, the College employed two full-time athletic trainers, Joseph Donolli and Gareth Biser. Both men were certified by the National Athletic Trainers Association, which requires, inter alia, current certification in both cardio-pulmonary resuscitation ("CPR") and standard first aid. In addition, twelve student trainers participated in the College's sports program. The trainers were stationed in the College's two training room facilities at Musselman Stadium and Plank Gymnasium.

Because lacrosse is a spring sport, daily practices were held during the spring semester in order to prepare for competition. Student trainers were assigned to cover both spring practices and games. Fall practice was held only for the players to learn "skills and drills," and to become acquainted with the other team members. No student trainers were assigned to the fall practices.

Drew participated in a fall lacrosse practice on the afternoon of September 16, 1988. Coaches Janczyk and Anderson attended and supervised this practice. It was held on the softball fields outside Musselman Stadium. No trainers or student trainers were present. Neither coach had certification in CPR. Neither coach had a radio on the practice field. The nearest telephone was inside the training room at Musselman Stadium, roughly 200-250 yards away. The shortest route to this telephone required scaling an eight-foot high cyclone fence surrounding the stadium. According to Coach Janczyk, he and Coach Anderson had never discussed how they would handle an emergency during fall lacrosse practice.

The September 16, 1988 practice began at about 3:15 p.m. with jogging and stretching, some drills, and finally a "six on six" drill in which the team split into two groups at opposite ends of the field. Drew was a defenseman and was participating in one of the drills when he suffered a cardiac arrest. According to a teammate observing from the sidelines, Drew simply stepped away from the play and dropped to the ground. Another teammate on the sidelines stated that no person or object struck Drew prior to his collapse.

After Drew fell, his teammates and Coach Janczyk ran to his side. Coach Janczyk and some of the players noticed that Drew was lying so that his head appeared to be in an awkward position. No one knew precisely what had happened at that time, and at least some of those present suspected a spinal injury. Team captain Daniel Polizzotti testified that he heard a continuous "funny" "gurgling" noise coming from Drew, and knew from what he observed that something "major" was wrong. Other teammates testified that Drew's skin began quickly to change colors. One team member testified that by the time the coaches had arrived, "[Drew] was really blue." Appendix (App.) at 1074.

According to the College, Coach Janczyk acted in accordance with the school's emergency plan by first assessing Drew's condition, then dispatching players to get a trainer and call for an ambulance. Brief for Appellee at 8. Coach Janczyk himself

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then began to run toward Musselman Stadium to summon help.

The Kleinknechts dispute the College's version of the facts. They note that although Coach Janczyk claims to have told two players to run to Apple Hall, a nearby dormitory, for help, Coach Anderson did not recall Coach Janczyk's sending anyone for help. Even if Coach Janczyk did send the two players to Apple Hall, the Kleinknechts maintain, his action was inappropriate because Apple Hall was not the location of the nearest telephone. It is undisputed that two other team members ran for help, but the Kleinknechts contend that the team members did this on their own accord, without instruction from either coach.

The parties do not dispute that Polizzotti, the team captain, ran toward the stadium, where he knew a training room was located and a student trainer could be found. In doing so, Polizzotti scaled a chain link fence that surrounded the stadium and ran across the field, encountering student trainer Traci Moore outside the door to the training room. He told her that a lacrosse player was down and needed help. She ran toward the football stadium's main gate, managed to squeeze through a gap between one side of the locked gate and the brick pillar forming its support, and continued on to the practice field by foot until flagging a ride from a passing car. In the meantime, Polizzotti continued into the training room where he told the student trainers there what had happened. One of them phoned Plank Gymnasium and told Head Trainer Donolli about the emergency.

Contemporaneously with Polizzotti's dash to the stadium, Dave Kerney, another team member, ran toward the stadium for assistance. Upon seeing that Polizzotti was going to beat him there, Kerney concluded that it was pointless for both of them to arrive at the same destination and changed his course toward the College Union Building. He told the student at the front desk of the emergency on the practice field. The student called his supervisor on duty in the building, and she immediately telephoned for an ambulance.

Student trainer Moore was first to reach Drew. She saw Drew's breathing was labored, and the color of his complexion changed as she...

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