PITTSBURGH – A youth football league has been denied summary judgment in response to a lawsuit brought by a concession stand volunteer who suffered third-degree burns, within minutes of handling French fries when working at a league game.
Spring McCann first filed suit in the Allegheny County Court of Common Pleas of on Jan. 24, 2020 versus TJ Youth Football League, citing negligence in communicating safety precautions. All parties are of Jefferson Hills.
McCann originally volunteered to help set up during a Thomas Jefferson Youth Football League home game at Thomas Jefferson High School’s football field on Aug. 31, 2019.
A few days before the game, McCann was allegedly asked to help with the concession stand instead, since the setup position no longer existed. She was assigned to work in the hot food aisle, where chafing dishes, filled with hot water, were used to keep French fries warm.
McCann allegedly asked the volunteer before her if there was anything she should know; the previous volunteer said no. McCann then tried to combine a freshly cooked tray of French fries with another tray of older French fries.
In this process of handling the chafing dishes, hot water that was concealed beneath the tray allegedly spilled onto McCann’s right leg and into her socks and shoes, causing second- and third-degree burns on her leg and ankle.
McCann alleged TJ Youth Football League did not offer any training on safety for concession stands volunteers and it did not ask her to sign any waivers.
McCann is seeking damages in excess of $38,576 to for wage loss, permanent disfigurement, and past and future medical expenses.
TJ Youth Football League filed an answer to the complaint with new matter on July 7, 2020, denying the vast majority of McCann’s allegations as conclusions of law, to which no response was required.
In new matter, the league asserted a number of affirmative defenses arguing that McCann’s complaint should be dismissed.
“Plaintiff’s complaint fails to state a cause of action upon which relief can be granted and plaintiff’s claims are limited to, barred by and subject to the Pennsylvania Comparative Negligence Act. Defendant pleads the affirmative defenses of assumption of the risk, comparative negligence, and/or contributory negligence as preserved by Pa.R.C.P. 1030,” the league’s answer stated.
“Plaintiff’s claims are barred in whole or in part, to the extent that the evidence at trial establishes the applicability of the doctrines of estoppel, waiver, laches and/or unclean hands. Plaintiff’s claims are barred in whole or in part by her failure to mitigate damages. Any injuries, losses, and/or damages allegedly sustained by plaintiff, which injuries, losses, and/or damages are denied, are not the result of any action and/or inaction of defendant, but rather of other persons, including plaintiff.”
Moreover, the league claimed that “the actions and/or inactions of plaintiff were the sole cause, or in the alternative, the intervening and/or superseding cause of the incident and all alleged injuries, losses, and/or damages in the complaint.”
“Plaintiff is a member of TJ Youth Football League, and therefore is barred from recovering any damages against the League. Defendant claims statutory immunity pursuant to 42 Pa.C.S. Section 8332.1(a), as plaintiff has failed to plead the requisite breach of the standard of care, and said statute bars or limits recovery by plaintiff,” according to the answer.
That same day, counsel for McCann filed a reply to the league’s new matter, denying it entirely.
In its Jan. 4 summary judgment motion, the defendant asserted that since McCann was a working volunteer of the league, she cannot sue it for damages. Under Pennsylvania law, the defendant said, “A member of an unincorporated association cannot sue the association in tort.”
“This rule barring recovery against an unincorporated association, is based on the premise that those who join in the prosecution of a common enterprise create a mutual relationship of agency among them, with the result that the negligence of any of them is imputed to each and all of them,” the league’s motion stated.
“On Aug. 31, 2019, plaintiff was a parent of a TJYFB player, who was a minor. As the parent and legal guardian of a TJYFB player, the only logical conclusion is that she was a member of the unincorporated association that her minor son registered for and joined. On the date of the accident, plaintiff was a volunteer in the concession stand, which was raising money to support the TJYFB program. She was not at the concession stand as a customer or invitee, but as an active participant in the task of running the concession stand in support of the TJYFB program.”
The defendant added that under state statute, claims of ordinary negligence are barred against non-profit sports associations, such as itself, unless “the conduct fell below generally practiced standards, and the association knew or had a reason to know its actions or omissions created a substantial risk of harm.”
“Plaintiff’s claim against TJYFB is that it negligent regarding the running of its concession stand. Plaintiff has not produced any evidence that other such associations have provided the training, warnings or instructions that she asserts that TJYFB should have provided regarding the use of a chafing dish. To the contrary, plaintiff testified that she has volunteered for youth sports organizations other than TJYFB in concessions, and has never been provided any such training. As a result, plaintiff fails to meet the higher burden of liability required by Pa.C.S.A. Section 8332.1 and therefore, TJYFB is entitled to immunity,” the summary judgment motion stated.
UPDATE
On Feb. 18, Allegheny County Court of Common Pleas Judge Daniel D. Regan denied the defendant’s attempt to secure summary judgment.
Subsequently, on May 13, plaintiff counsel filed a pair of notices of intention to serve subpoenas and to produce discovery documents upon Florette Volunteer Fire Company and Jefferson 885 Volunteer Company.
“Please produce any and all incident reports, call logs, narratives and any written or electronically-maintained records relating to the department’s response to calls for Thomas Jefferson High School and Thomas Jefferson High School Football Field between Jan. 1, 2017 and Dec. 31, 2018,” the notices of intention to each department read.
The plaintiff is represented by Philip Chapman of Pribanic & Pribanic, in White Oak.
The defendant is represented by Tara L. Maczuzak of DiBella Weinheimer, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-002043
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com