On Tuesday, the Pennsylvania Supreme Court accepted our arguments completely and issued a landmark decision in Feliccia v. Lackawanna University, holding that (1) a university “had a duty to provide duly licensed athletic trainers for the purpose of rendering treatment to its student athletes participating in athletic events,” and (2) a Waiver of Liability is unenforceable as to claims of gross negligence and recklessness. The Majority Opinion agreed with plaintiffs’ claim that the university assumed a duty toward the football players, noting that “the present factual scenario supports a determination that ‘affirmative conduct’ by appellants created a ‘special relationship’ with and increased risk of harm to its student athletes such that appellants had a duty to ‘exercise reasonable care to protect them against an unreasonable risk of harm arising’ from that affirmative conduct. … the record supports a finding appellants undertook a duty to provide duly licensed athletic trainers for the purpose of rendering treatment to its student athletes participating in athletic events, including the football practice.” Click here to read the Opinion.
Attorney Dan Siegel Has Never Lost a Case He Has Litigated in the Pennsylvania Supreme Court
A few people have asked me this week what my track record is in the Pennsylvania Supreme Court. It turns I am 6 for 6, winning four cases as counsel, and winning two as appellate counsel. To say I am proud of this accomplishment is an understatement.
What’s more important, however, is that we live in a world in which every lawyer seems to have “participation trophies,” which are often nothing more than “pay to play.” Everyone is a Super Lawyer, or is ranked as a Best Lawyer, or has a 10/10 rating on some other site. While many of these attorneys are excellent, how many can say they have never lost a case in the Pennsylvania Supreme Court, or that insurance really are more likely to settle cases with Attorney Dan Siegel because they know that, if needed, we will take cases on appeal, and we win? Not every appeal, but a large majority.
So, when you search for Dan Siegel on those “rating” sites, you may not find me because I don’t pay to have a high ranking, or to have my name displayed.
I prefer to let the “reporters” – the books that contain Supreme Court, Commonwealth Court and Superior Court opinions – display my name. They don’t charge, your name is published on merit.