No. 23-5614

Ellison O. Jordan v. The Pennsylvania State University, et al.

Lower Court: Pennsylvania
Docketed: 2023-09-19
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-rights constitutional-rights due-process duty-of-care jury-trial negligence special-relationship standing student-athlete
Key Terms:
Privacy
Latest Conference: 2024-01-19 (distributed 2 times)
Question Presented (AI Summary)

Was the Petitioner's constitutional right to jury trial denied or violated?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The questions presented to this court are as follows: 1. Was the Petitioner’s constitutional right to jury trial by demand denied and/or violated by the lower court when it did not conduct a jury trial as demanded nor obtain a jury trial waiver from the Petitioner and Respondents? 2. Was the Petitioner’s constitutional right to jury trial based on status of “special relationship” denied and/or violated? . 3. Was the Petitioner's constitutional right to jury trial denied and/or violated when the lower court ruled the following and dismissed the Petitioner’s complaint without a jury trial: : a. “University Defendants had a duty to exercise reasonable care to protect Plaintiff against unreasonable risk of harm. This included a duty to provide duly licensed athletic trainers for the purpose of rendering treatment to its student athletes participating in athletic ; . ; events.”?; ; : : : b. “...the Court finds University Defendants owed a duty to Plaintiff . by virtue of his status as a student-athlete who was recruited by Penn State University and participated in intercollegiate athletic events on behalf of Penn State University...”?; c. “Plaintiff has failed to aver facts evidencing a breach of the duty owed by University Defendants...”?; : f . ii. : d. “Here, University Defendants exercised reasonable care in ensuring Plaintiff received proper medical treatment...”?; . e. “...University Defendants did not fail to have qualified medical personnel available, deny Plaintiff medical care or interfere with his treatment...”?; . f. “There is no special relationship in this case which would impose a auity greater than reasonable care...”?; ~ g. “University Defendants did not breach their duty to ensure qualified medical personnel were available to render medical assistance and Plaintiff failed to aver facts showing University Defendants failed to exercise reasonable care.”?; and h. “...Plaintiff's pleadings fail to establish a breach of the duty University Defendants owed to Plaintiff, and, therefore, Plaintiffs , negligence claim against University Defendants is insufficient as a "matter of law.” iit, |

Docket Entries

2024-01-22
Rehearing DENIED.
2024-01-03
DISTRIBUTED for Conference of 1/19/2024.
2023-12-13
Petition for Rehearing filed.
2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-10-27
Reply of petitioner Ellison Jordan filed. (Distributed)
2023-10-19
2023-10-17
Brief of respondents Pennsylvania State University, et al. in opposition filed.
2023-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 19, 2023)

Attorneys

Andy Mutnan, et al.
Wiley P. ParkerHenry & Beaver, LLP, Respondent
Wiley P. ParkerHenry & Beaver, LLP, Respondent
Ellison Jordan
Ellison O. Jordan — Petitioner
Ellison O. Jordan — Petitioner
Pennsylvania State University, et al.
James P. DeAngeloMcNees Wallace & Nurick LLC, Respondent
James P. DeAngeloMcNees Wallace & Nurick LLC, Respondent