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Schaer and Czarnik Obtain Dismissal with Prejudice in Highly Publicized Federal Court Case

July 9, 2015

Theodore Schaer and Katelyn Czarnik successfully obtained dismissal with prejudice of all claims asserted against a soccer training facility and its alleged agent in a highly publicized case in Federal Court. Plaintiffs’ filed a Complaint in the District Court for the Eastern District of Pennsylvania asserting a negligence claim against the training facility for injuries alleged to have been sustained by a minor high school soccer player during a pre-season soccer scrimmage between two high school teams. Plaintiffs also asserted a civil rights action under 42 U.S.C. § 1983 against the minor Plaintiff’s high school, school district and the coach of the soccer team asserting that they violated the minor Plaintiff’s constitutional rights by failing to remove her from the scrimmage for medical evaluation after she collided with another player sustaining a head injury. Plaintiffs alleged that the coach of the soccer team, who was also employed as a trainer for the training facility, was the training facility’s agent at the time of the scrimmage, and asserted a negligence claim against the training facility and the coach as its alleged agent. Plaintiffs attempted to hold the training facility liable for the coach’s failure to remove the minor Plaintiff from the scrimmage despite the lack of any allegation that the training facility was involved with the scrimmage in any way or that the coach’s conduct during the scrimmage was within the scope of his employment with the training facility. After the Plaintiffs amended their original Complaint in response to the training facility’s first Motion to Dismiss, a Motion to Dismiss the Plaintiffs’ Amended Complaint was filed. The Motion to Dismiss the Plaintiffs’ Amended Complaint was granted. However, the Court granted the Motion without prejudice and allowed Plaintiffs’ one last time to alleged sufficient facts to support their claim against the training facility. Plaintiffs’ filed a Second Amended Complaint again asserting a negligence claim against the training facility and the coach as an alleged agent thereof. Ted and Katelyn filed a Motion to Dismiss the Second Amended Complaint asserting that the Plaintiffs had again failed to alleged sufficient facts to support their claims. On July 2, 2015, the Honorable Gerald J. Pappert granted the Motion to Dismiss the Plaintiffs’ Second Amended Complaint, with prejudice.


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