Private School Waived Its Right To Compel Arbitration Of Claims Arising From Skiing Death Of A Student

A Pennsylvania appellate panel has denied a boarding school’s request to arbitrate claims arising from the skiing death of a student who joined the school’s ski team in furtherance of a requirement that she participate in an organized sport. As the court explained, the complaint alleged that “any student who wanted to try out for the team needed to have the ability to ski nearly any trail on any mountain under any condition. Decedent did not satisfy those requirements.” The court denied the school’s attempt to invocation of arbitration under an enrollment contract provision, when the arbitration request came a year into the litigation and after the school had received certain adverse court rulings. The court’s opinion can be found here.