Baumbach v. Lafayette Coll.

The Pennsylvania Superior Court reversed the trial court’s order, granting Lafayette College’s Motion for Judgment on the Pleadings. Aubrey Baumbach’s parents sued Lafayette College after a drunk driver struck their daughter, a crew team member, as she walked to crew practice. The amended complaint asserted claims of negligence and intentional misrepresentation. The trial court granted the College’s Motion for Judgment on the Pleadings and dismissed the complaint. The Superior Court reversed, ruling that the complaint alleged sufficient facts to establish a prima facie case that the Lafayette Defendants undertook to act for Aubrey’s safety and protection as a crew team member. Furthermore, the complaint’s allegations were sufficient to establish a prima facie claim that Aubrey justifiably relied on the Lafayette Defendants’ representations regarding the safety of the road on which she was struck.

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