MEDIA – An attorney for Rowan University claims the institution was not given proper notice of a lawsuit filed against it by a New Jersey pole vaulter, who allegedly suffered traumatic brain injury and a variety of facial injuries at an indoor practice in 2019, and is further subject to sovereign immunity.
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.”
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.
UPDATE
Meanwhile, Rowan University filed preliminary objections to the complaint on March 12, countering that it never received proper notice of the plaintiff’s suit, and that the pleading did not conform to the New Jersey Tort Claims Act.
“Plaintiff’s complaint fails to conform to law or rule of court in that plaintiff is unable to sustain a cause of action for their failure to conform to the notice requirement under the New Jersey Tort Claim Act. Plaintiff’s complaint fails to state a claim for which relief may be granted, as they failed to plead compliance with the notice requirements of New Jersey and Pennsylvania. In addition to not pleading compliance with the notice requirement, there has been no notice of a claim until the complaint was served,” the objections stated, in part.
“As such, plaintiff’s complaint must be dismissed as to defendant Rowan University. Defendant Widener University’s cross-claims neglect to mention notice of a tort claim prior to the filing of their answer which includes cross-claims against defendant Rowan University, which also must be dismissed as a matter of law.”
Additionally, Rowan University’s counsel cited provision N.J.S.A. 59:8-8 from the New Jersey Tort Claims Act, which “requires that a claim relating to a cause of action for injury shall be presented not later than the 90th day after accrual of the cause of action.”
“The claimant shall be forever barred from recovery if the claimant fails to file the claim with the public entity within 90 days of the accrual of the claim,” the objections said.
“In this instance, plaintiff has not filed notice within ninety days, or one year, nor have they proven extraordinary circumstances for their failure to do so, and thus, the claims against Rowan University and its employees must be barred.”
Furthermore, Rowan University asserted that its status as a New Jersey State public education institution makes it a public entity, and thus entitled to the sovereign immunity protections of the New Jersey Tort Claims Act.
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.
The defendants are represented by Rocco P. Imperatrice III and Andrew P. Stafford of Lamb McErlane in Newtown Square, plus Caitlin A. Harley of Kent & McBride, in Philadelphia.
Delaware County Court of Common Pleas case CV-2021-000415
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com