JUDICIAL PANEL REJECTS TRY TO DISMISS SUIT ON CONCUSSIONS

PHILADELPHIA — A potentially far-reaching lawsuit demanding expensive steps to limit the harm from concussions among high school and junior high athletes cleared a significant legal hurdle Tuesday.

A three-judge panel of the state Commonwealth Court on Tuesday rejected an attempt by the Pennsylvania Interscholastic Athletic Association, or PIAA, to have the suit against it tossed out.

The association, whose members include all 500 public school systems in Pennsylvania and 200 private schools, argued unsuccessfully that the association was protected from liability because youngsters face an “inherent risk” when taking part in sports.

But in his unanimous opinion, Commonwealth Court Judge Robert E. Simpson Jr. said the suit raised important questions about how coaches and others responded to injured players. The appeals court upheld an earlier ruling by a judge in Lawrence County that cleared the way for plaintiffs’ lawyers to gather further evidence.

The lawsuit, brought by a Texas personal-injury firm, was filed on behalf of three teenage students from towns outside Pittsburgh. Two boys suffered concussions while playing football and a girl while diving to catch a softball. Their lawyers hope to win judicial approval to expand the suit to a class-action on behalf of all similarly injured students.

The nonprofit PIAA promulgates rules for high school and junior high teams across Pennsylvania, affecting 325,000 athletes and 13,000 referees, umpires, and other officials. Its policies regarding concussions are “insufficient and ineffective” to protect younger athletes, the lawsuit claims.