Court Rules Concussion Claim Can Continue against Teacher, Who Was Ex-Football Player
A federal judge from the Eastern District of Pennsylvania will allow a claim made against a middle school teacher, who oversaw a touch football game in which a student suffered a concussion, to continue under the "state-created danger" theory. However, it dismissed the plaintiff’s claim against the coach for battery.
The court also dismissed the claim against the school district, recognizing its immunity under to the Pennsylvania Political Subdivision Tort Claims Act, 42 Pa. C.S. § 854