MEDIA – A former Interboro High School lacrosse player who fell on the school’s grass sports field two years ago and suffered a variety of severe knee injuries in the process, has maintained her claims against the school and other sports entities.
Miranda Neill of Prospect Park first filed suit in the Delaware County Court of Common Pleas on April 8 versus Interboro High School and Interboro School District, also of Prospect Park, Pennsylvania Interscholastic Athletic Association, Inc. and Pennsylvania Interscholastic Athletic Association, both of Mechanicsburg, and John Doe No. 1.
According to the lawsuit, Interboro High School “carelessly and negligently created and allowed a dangerous and defective condition on the premises, namely an unsafe, uneven and un-level field with numerous holes which caused the premises to be extremely dangerous.”
“At all times mentioned herein and material hereto, plaintiff Miranda Neill, was a student at Interboro High School. At all times mentioned herein and material hereto, plaintiff Miranda Neill, was a member of the girls’ lacrosse team at Interboro High School,” the suit stated.
“On or about April 12, 2022, plaintiff Miranda Neill, while a lawful and proper business invitee playing lacrosse on the aforesaid field, was suddenly and unexpectedly, caused to fall and sustain catastrophic injuries more specifically set forth hereinafter, due to the dangerous and defective condition on the premises and due to the carelessness and negligence of defendants, Interboro High School, Interboro School District, Pennsylvania Interscholastic Athletic Association Inc., Pennsylvania Interscholastic Athletic Association (doing business as “PIAA”) and John Doe 1, by and through their separate and respective agents, servants, workmen and/or employees, acting within the course of their employment and scope of their authority.”
The suit continued that the defendants were responsible for “failing to maintain the field on the premises in a proper and safe condition, failing to maintain the field on the premises in a proper and safe condition, despite the fact that defendants knew or should have known of the dangerously uneven and un-level condition with numerous holes prior to the happening of this accident and permitting the field on the premises to be in a dangerously uneven and un-level condition with numerous holes.”
“By reason of the carelessness and negligence of defendants Interboro High School, Interboro School District, Pennsylvania Interscholastic Athletic Association Inc., Pennsylvania Interscholastic Athletic Association (doing business as “PIAA”) and John Doe 1, plaintiff Miranda Neill, was caused to sustain serious, disabling and permanent personal injuries: She sustained a rupture of the anterior cruciate ligament (ACL) of her left knee; she sustained a medial meniscus tear of the left knee; she sustained a later meniscus root tear of her left knee; she has been required to undergo operative intervention consisting of repair arthroscopy of her anterior cruciate ligament on May 5, 2022 at Abington Memorial Hospital; she has suffered from severe injury and pain to her left knee; she has been required to undergo extensive physical therapy; and she has sustained further injuries to the bones, muscles, nerves, tissues and ligaments of her body, the full extent of which is yet to be determined,” the suit said.
“She sustained other injuries to her nerves and nervous systems; she sustained other orthopedic, neurologic and psychological injuries, the full extent of which is yet to be determined; she has in the past and may in the future be required to submit to x-rays, MRIs and other diagnostic studies; she has in the past and may in the future continue to suffer agonizing aches, pains and mental anguish; she has in the past and may in the future continue to endure pain and suffering; she has in the past and may in the future continue to be disabled from performing her usual duties, occupations, avocations, all to her great detriment and loss; she has in the past and may in the future suffer a loss of wages; she has suffered a significant loss of life’s pleasures; she has suffered from severe embarrassment and humiliation.”
UPDATE
In an answer to the complaint, the Interboro High School defendants denied liability for Neill’s injuries, asserted numerous new matter affirmative defenses on their own behalf and assigned cross-claim liability to its John Doe co-defendant.
“Plaintiff’s complaint fails to state a cause of action upon which relief may be granted. Plaintiff’s complaint fails to state a cause of action against answering defendants, Interboro High School and Interboro School District. If plaintiff was injured as alleged, said injuries being expressly denied, then said injuries are due to the acts of third parties over whom answering defendants, Interboro High School and Interboro School District, exercised no control. Answering defendants provided all necessary, adequate and proper warnings. Answering defendants had no notice of any alleged dangerous and/or defective conditions. Answering defendants believe and therefore aver, that any alleged negligent act or omission was not the proximate cause of plaintiff’s injuries,” the new matter stated, in part.
“Answering defendants Interboro High School and Interboro School District did not own the premises in question. Answering defendants did not operate, control, have possession of, and/or maintain the premises in question at the time of plaintiff’s claimed injury. Answering defendants had neither actual nor constructive knowledge of any alleged defective and/or dangerous condition. Plaintiff’s claims are barred and/or limited pursuant to the applicable statute of limitations, the relevant portions of which are incorporated herein by reference. If it is determined that defendants Interboro High School and Interboro School District are liable to plaintiff upon plaintiff’s cause of action, the answering defendants aver that plaintiff’s recovery shall be eliminated or reduced in accordance with the Pennsylvania Comparative Negligence Act. Answering defendants asserts that at the time and place averred in plaintiff’s complaint, an intervening and superseding event/action took place which, as a matter of law, relieves answering defendants from any and all liability. Plaintiff’s claims are barred by the Political Subdivision Tort Claims Act and answering defendants assert all of the rights and defenses available under this Act.”
Within a May 13 reply to the new matter, the plaintiff denied it in its entirety as conclusions of law, to which no official response was required.
For one count of negligence, the plaintiff is seeking, jointly and severally, separate sums in excess of $50,000 in damages.
The plaintiff is represented by Robert N. Braker and J. Peter Veloski of Saltz Mongeluzzi Bendesky, in Philadelphia.
The defendants are represented by Ryan C. Smith of Margolis Edelstein, plus Jonathon E. Cross and Christin L. Kochel of Marshall Dennehey, all also in Philadelphia.
Delaware County Court of Common Pleas case CV-2024-003099
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com