Kenneth Mann, et al v. Palmerton Area School District, et al

Filing

ORDER AMENDING OPINION (VANASKIE, Circuit Judge) ORDERED that the opinion be amended as follows: 1. On page 5 of the Court's Opinion, the word "observed" shall be deleted and replaced with the name "observe." 2. On page 11 of the Court's Opinion, the phrase "to infer that Walkowiak was aware" shall be deleted and replaced with "to infer that Walkowiak was aware." 3. On page 16 of the Court's Opinion, the phrase "that that requiring a student-athlete" shall be deleted and replaced with "that requiring a student-athlete..." This amendment does not change the date of filing (September 20, 2017). Vanaskie, Authoring Judge.

Case: 16-2821

Document: 003112734177

Page: 1

Date Filed: 09/22/2017

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_____________
No. 16-2821
_____________
KENNETH MANN,
as parents and co plenary guardians of
the estate of SHELDON MANN, an
incapacitated person, and in their own right;
ROSE MANN, as parents and co plenary
guardians of the estate of SHELDON MANN,
an incapacitated person, and in their own right,
Appellants
v.
PALMERTON AREA SCHOOL DISTRICT; CHRISTOPHER WALKOWIAK,
individually and in his official capacity as a football coach
_______
On Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Civil No. 3-14-cv-00068)
District Judge: Hon. A. Richard Caputo
______________
Argued April 27, 2017
______________
Before: MCKEE, VANASKIE, and RENDELL, Circuit Judges

Howard J. Bashman, Esq.
[Argued]
Law Offices of Howard J. Bashman
2300 Computer Avenue
Suite G-22
Willow Grove, PA 19090
Larry E. Bendesky, Esq.
Adam J. Pantano, Esq.

Case: 16-2821

Document: 003112734177

Page: 2

Date Filed: 09/22/2017

Robert W. Zimmerman, Esq.
Saltz Mongeluzzi Barrett & Bendesky
1650 Market Street
One Liberty Place, 52nd Floor
Philadelphia, PA 19103
Counsel for Appellant Kenneth Mann and Rose Mann

Thomas A. Specht, Esq.
[Argued]
Robin B. Snyder, Esq.
Marshall Dennehey Warner Coleman & Goggin
P.O. Box 3118
Scranton, PA 18505
Counsel for Appellees Palmerton Area School District and Christopher Walkowiak
___________
ORDER AMENDING OPINION
___________
VANASKIE, Circuit Judge.
IT IS NOW ORDERED that the above-captioned
opinion be amended as follows:
1. On page 5 of the Court’s Opinion, the word “observed”
shall be deleted and replaced with the name “observe.”
2. On page 11 of the Court’s Opinion, the phrase “to infer
that that Walkowiak was aware” shall be deleted and
replaced with “to infer that Walkowiak was aware.”
3. On page 16 of the Court’s Opinion, the phrase “that that
requiring a student-athlete” shall be deleted and replaced
with “that requiring a student-athlete…”
This amendment does not change the date of filing
(September 20, 2017).

Case: 16-2821

Document: 003112734177

Page: 3

Date Filed: 09/22/2017

s/ Thomas I. Vanaskie
Circuit Judge
DATED: September 22, 2017