| ROBERT ARCHIBALD AND KRISTA ARCHIBALD v.CODY KEMBLE No. 2163 MDA 2007 2009 PA Super 79 Atlantic: 971 A.2d 513 Filed: 4/23/2009 | |
| Appeal from the Order entered December 7, 2007 In the Court of Common Pleas of Dauphin County Civil Division, at No. 2005-CV-2079-CV | |
| Before: PANELLA, CLELAND, JJ. and MCEWEN, P.J.E. | |
| Opinion by: CLELAND, J. | |
| Appellants, Robert and Krista Archibald (Archibald or Archibalds), appeal the December 6, 2007 Order granting Appellee Cody Kemble’s (Kemble) Motion for Summary Judgment. The crux of this case is the standard of care to be applied when a player in an adult “no-check” ice hockey league checks and injures another player in violation of the league rules. Because we conclude the applicable standard of care is recklessness and because the Archibalds were not required to specifically plead recklessness in their Complaint and because they produced evidence of recklessness in their discovery, we vacate and remand. | |
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