Feleccia v.

Lackawanna College
Madelon Allen, Carly Della Sala, & Houston McCullough
Introduction
● Lackawanna College hired two athletic
trainers: Kaitlin Coyne and Alexis Bonisese
○ Were retitled as first responders after it was
discovered that they had not passed the Board of
Certification Inc. example
● University hired a part-time certified athletic
trainer, but she did not attend football
practices
● Student athletes signed a waiver of liability
(Lackawanna College Waiver of Liability and
Hold Harmless Agreement)
Case Facts ● Justin Resch and Gus Feleccia both
participated in the Oklahoma drill
during practice
● Justin attempted to make a tackle
with his head down and suffered a
T7 vertebral fracture
● Gus attempted to make a tackle
and endured a “stinger” to his right
shoulder
○ Was cleared to return to practice by a
“first responder”
○ On his second tackle attempt, he made a
tackle with his right shoulder and
suffered a traumatic brachial plexus
avulsion on his right side
Legal Analysis
● Gus and Justin pled gross negligence and recklessness; College failed to provide qualified athletic trainers
○ Stated the Pennsylvania Medical Practice Act was violated; they made a “return to play decision”
● Lackawanna stated laws for athletic trainers did not apply
○ Coyne and Boniese were acting as first responders, have immunity as Good Samaritans, and that Pennsylvania
and the NJCAA don’t have requirements for trainers to be present during practice
● Gus, Justin, and other student-athletes identified Coyne and Boniese as the acting athletic trainers for football.
● Lackawanna’s President indicated he was not going to pay the salary that athletic trainers requested because it was
higher than a first year professor
○ An economic consultant found that the College had sufficient funds to hire a full-time athletic trainer
● Lackawanna said there was an assumption of risk for students who play football. Lackawanna argued that Gus and
Justin were aware of the general risks inherent in the sport of football.
○ Gus and Justin said they didn’t assume the risks when the College provided unqualified personnel at a full-
contact tryout.
● The university owed Gus and Justin a duty of care in their capacity as intercollegiate athletes engaged in a school-
sponsored and supervised intercollegiate athletic activity
○ Lackawanna had a duty to provide qualified medical personnel, adequate treatment in the event of a medical
emergency, and to be reasonably prepared to handle medical emergencies as injury was foreseeable in
intercollegiate contact sports
Court Ruling
A trial court granted Lackawanna
College summary judgement based on
the waiver and on assumption of the risk.

Justin and Gus appealed

Superior Court of Pennsylvania reversed

the entry of the summary judgement and
remanded for trial
Risk Management Suggestions
● The university should only hire athletic trainers who are BOC certified
● Coaches should check to make sure medical and training staff are properly
certified
● Head athletic trainer supervision
● Yearly performance evaluations/training opportunities for training staff
● Clearances to return to play after an injury should be made by a team doctor or
head athletic trainer
● Get rid of/alter the Oklahoma drill
○ Example: Detroit Lions
References
Birkett, D. (2018, Jul. 30.) “Detroit Lions keep safety in mind with new Oklahoma
drill.” Detroit Free Press. Retrieved from http://freep.com

Dunbar v. Jackson Hole Mt. Resort Corp., 2003 U.S. Dist.

Feleccia v. Lackawanna Coll., 156 A.3d 1200

Questions?