In appellate court, Cal U claims immunity in 2014 assault on student
The attorney for a student seriously injured when he was attacked by a group of football team members in California Borough’s business district hopes to overturn dismissal of his complaint.
Lewis Campbell III of West Chester, near Philadelphia, sued California University of Pennsylvania and Dr. Karen Hjerpe, athletic director, in Washington County Court two years after the Oct. 30, 2014, assault.
Campbell claimed the university failed to properly vet students who transferred there to play football and fostered an attitude among football players that they were above the law. He also alleged members of the football team lacked supervision.
Cal U. claimed immunity from Lewis’ allegations of institutional negligence, and Washington County President Judge Katherine B. Emery agreed with the school that none of these alleged failures involved defects in campus property.
The judge also found no evidence either the university or the athletic director acted outside the scope of conducting a football program in the NCAA Division II.
Campbell appealed Emery’s decision, and the case was argued this week in Pittsburgh before a panel of Commonwealth Court judges, who took the matter under advisement.
Campbell and his girlfriend were walking on Wood Street when one of the players made a remark to her. An argument ensued and Campbell suffered brain trauma when he was struck and fell to the ground. He was taken by helicopter to a Pittsburgh hospital, where he spent eight days, and maintains in the suit he continues to suffer severe headaches and eye pain.
Four players pleaded guilty to simple assault, a fifth pleaded no contest to aggravated assault and charges against a sixth were dismissed.