MEDIA – Counsel for Widener University and an anonymous track-and-field athlete contend they are not responsible for a traumatic brain injury and a variety of facial injuries suffered by a New Jersey pole vaulter at an indoor practice in 2019.
Robert Blanchard of Sewell, N.J. first filed suit in the Delaware County Court of Common Pleas on Jan. 14 versus Widener University of Chester, Rowan University of Glassboro, N.J. and athlete J. Doe.
“On or about Jan. 29, 2019, plaintiff Blanchard was a student at Rowan University and a member of the track-and-field team. On the above date, the pole vault athletes of the Rowan University track and field team and their coach held a practice session at Widener University’s indoor athletic facility in Chester, Pennsylvania, with permission from and approval of the Widener team’s coaching staff,” the suit stated.
“On the above date, the Widener University track-and-field team simultaneously held its own practice in the same facility. During the practice session, defendant J. Doe negligently carelessly and/or recklessly threw a weight, causing it to violently strike plaintiff in the head and face, resulting in severe injuries.”
The suit added that the negligent, careless and/or reckless throw of the weight by defendant J. Doe was “an unusual and unexpected event, not normally anticipated or part of a regular indoor track-and-field practice.”
“As a result of the weight striking him in the head and face, plaintiff sustained the following injuries, some or all of which are or may be permanent in nature: Loss of consciousness, a traumatic brain injury, a concussion, broken teeth, other facial and dental injuries, emotional distress and anxiety and post-traumatic stress disorder,” per the suit.
“As a result of the negligence, carelessness and/or recklessness of defendants, plaintiff suffered and underwent great pain and was hindered and prevented from performing and transacting his usual affairs and employment, and suffered the loss of the enjoyment of life, wages and earning capacity and was inconvenienced, humiliated and embarrassed, and will continue to suffer and sustain such damages and losses for an indefinite time in the future.”
UPDATE
Attorneys for Widener University and Doe filed an answer to the complaint, along with new matter and a cross-claim against Rowan University on Jan. 28.
“It is specifically denied that J. Doe, athlete was a member of Widener’s track and field team at any time, and it is further specifically denied that any incident occurred giving rise to the complaint,” the answer stated, in addition to denying the veracity of the complaint’s allegations as merely conclusions of law, to which no further response was required.
In new matter, the defendants cited numerous affirmative defenses against the suit.
“Plaintiff’s claims are barred by the statute of limitations, failure to state a claim for relief, assumption of the risk, comparative negligence, contributory negligence and by illegality,” per their new matter.
“Plaintiff’s claims are also barred by the doctrine of consent, the doctrine of estoppel, res judicata and collateral estoppel, justification, the doctrine of laches, release and truth and waiver.”
The defendants also levied a cross-claim against their co-defendant Rowan University, placing sole blame for the incident on the New Jersey school.
“Rowan University is solely liable on the underlying cause of action contained with plaintiff Robert Blanchard’s complaint. Rowan University is liable to or with Widener University, Inc. and/or J. Doe, athlete on all underlying causes of action upon which plaintiff Robert Blanchard’s complaint is based,” according to the cross-claim.
For three counts of negligence, the plaintiff is seeking damages in excess of $50,000.
The plaintiff is represented by Michael A. Ruggieri of the Law Offices of Michael A. Ruggieri, in Newtown Square.
Defendants Widener University and Doe are represented by Rocco P. Imperatrice III and Andrew P. Stafford of Lamb McErlane, in Newtown Square.
Delaware County Court of Common Pleas case CV-2021-000415
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com