Date: 07-12-2024

Case Style:

Kelly Chinea v. Woodward Camp, et al.

Case Number: 4:22-CV-134

Judge: Matthew W. Brann

Court: United States District Court for the Middle District of Pennsylvania (Lycoming County)

Plaintiff's Attorney:

Click Here For The Best Williamsport Personal Injury Lawyer Directory

Defendant's Attorney: Alan G. Gries, Arielle E. Katz, John C. Romeo, Stephen J. Finley

Description:

Williamsport, Pennsylvania personal lawyer represented the Plaintiff who sued on a negligence theory.

Plaintiffs Kelly and Julio Chinea, on behalf of their minor daughter, S.C., sue Woodward Pennsylvania, LLC (“Woodward”), the gymnastics camp their daughter attended in the summers of 2018 and 2019. They also sue two former Woodward employees: Woodward's then-administrator, Brittany Shulman, and the Woodward gymnastics coach who allegedly abused her, Nathaniel Singer.

The Chineas' First Amended Complaint raises allegations of reprehensible conduct. The Chineas allege that during the summers of 2018 and 2019, Singer sexually abused their daughter. They further allege that Shulman was aware of Singer's improper behavior. When S.C. complained to Shulman about Singer in 2019, Shulman brought her into a conference room, interrogated her, challenged her credibility, and made veiled threats about her future.

Woodward and Shulman now move to partially dismiss two Counts of the Chineas' First Amended Complaint (“FAC”). Woodward also seeks the dismissal of several corporate entities named as defendants who it argues have no connection to this matter. For the reasons that follow, Defendants' Motions to Dismiss will be granted in part and denied in part.

The four elements of negligence in Pennsylvania are: Duty of care: The legal requirement to act safely. Breach of duty of care: Failing to meet the duty of care – acting negligently. Proximate cause: The person's negligence causing harm.

Pennsylvania follows a 51 percent comparative negligence rule, which means you can recover damages if you were less than 51 percent at fault. If you are found to carry more than 50 percent of the fault for the accident, you will be unable to
seek compensation for damages.

This case was filed in the Court of Common Pleas, Centre County, Pennsylvania, case number 21-03086, and was removed to federal court by the Defendants.

Pennsylvania has a two-year statute of limitation on tort actions.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: