Kenneth Mann v. Palmerton Area School District

U.S. Court of Appeals for the Third Circuit

Kenneth Mann v. Palmerton Area School District

Opinion

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________

No. 16-2821 _____________

KENNETH MANN, as parents and co plenary guardians of the estate of SHELDON MANN, an incapacitated person, and in their own right; ROSE MANN, as parents and co plenary guardians of the estate of SHELDON MANN, an incapacitated person, and in their own right, Appellants v.

PALMERTON AREA SCHOOL DISTRICT; CHRISTOPHER WALKOWIAK, individually and in his official capacity as a football coach _______

On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. Civil No. 3-14-cv-00068) District Judge: Hon. A. Richard Caputo ______________

Argued April 27, 2017 ______________

Before: MCKEE, VANASKIE, and RENDELL, Circuit Judges

Howard J. Bashman, Esq. [Argued] Law Offices of Howard J. Bashman 2300 Computer Avenue Suite G-22 Willow Grove, PA 19090

Larry E. Bendesky, Esq. Adam J. Pantano, Esq. Robert W. Zimmerman, Esq. Saltz Mongeluzzi Barrett & Bendesky 1650 Market Street One Liberty Place, 52nd Floor Philadelphia, PA 19103

Counsel for Appellant Kenneth Mann and Rose Mann

Thomas A. Specht, Esq. [Argued] Robin B. Snyder, Esq. Marshall Dennehey Warner Coleman & Goggin P.O. Box 3118 Scranton, PA 18505 Counsel for Appellees Palmerton Area School District and Christopher Walkowiak ___________

ORDER AMENDING OPINION ___________

VANASKIE, Circuit Judge.

IT IS NOW ORDERED that the above-captioned opinion be amended as follows:

1. On page 5 of the Court’s Opinion, the word “observed” shall be deleted and replaced with the name “observe.”

2. On page 11 of the Court’s Opinion, the phrase “to infer that that Walkowiak was aware” shall be deleted and replaced with “to infer that Walkowiak was aware.”

3. On page 16 of the Court’s Opinion, the phrase “that that requiring a student-athlete” shall be deleted and replaced with “that requiring a student-athlete…”

This amendment does not change the date of filing (September 20, 2017). s/ Thomas I. Vanaskie Circuit Judge

DATED: September 22, 2017

Reference

Status
Published