Legal Case Review

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Submitted By danmartinezlb86
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Legal Case Review
Daniel Martinez
Adams State University

1. Case Name and Citation
Robert ARCHIBALD and Krista Archibald, Appellants v. Cody KEMBLE, Appellee.
971 A.2d 513 (2009) Superior Court of Pennsylvania.
2. Summary of the Key Facts in the Case In this case, Robert Archibald and Krista Archibald appealed against the December 6th, 2007 motion of summary judgment in favor for Cody Kemble. The root of this appeal occurred on June 2, 2003 at the Twin Ponds East skating facility in Lower Paxton Township, Pennsylvania. On that day, Robert Archibald and Cody Kemble participated in a friendly non-check league game of hockey. As opponents against each other, Archibald was going after the puck in the corner of the rink near the boards. While doing so, Kemble checked Archibald into the boards. The check caused Archibald to slam his hip into the boards, shattering his femur. This permanent injury led to multiple surgeries which required medical hardware to correct, constant pain and suffering, and loss of full use of his leg. Archibald was also informed that his injury may worsen. This injury has diminished his quality of life and also indebted him with $35,000 dollars in medical bills. Kemble’s actions were strictly against the league rules and rules of hockey in general. Due to the summary judgment ruling, Archibald and Krista Archibald have submitted an appeal to the Superior Court of Pennsylvania.

3. Issue Presented by the Case
Was the illegal hip check by Cody Kemble an act of negligence on his behalf?
4. Plaintiff Argument(s)
Robert Archibald testified that the recreational hockey league was a non-contact league. Within his testimony, he states that non-checking means no body contact was allowed unless it was incidental. He goes on to state that the league rules were posted on bulletin boards and inside the league brochure. An expert witness was…...

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