Sandusky Victim 2 to Sue Penn State - The Philadelphia Personal Injury Law Blog

The Philadelphia Personal Injury Law Blog

Sandusky Victim 2 to Sue Penn State

As if Penn State did not have enough to deal with after the Sandusky scandal. After JoePa's wins were taken away, the Paterno statue torn down, and NCAA playoffs denied for 4 years, not to mention the pain for everyone involved, what more could go wrong?

As we predicted after the Freeh Report was released, the lawsuits against Penn State have begun. Now, Victim #2, still keeping his anonymity has filed suit through his attorneys Joel Feller and Matt Casey of Philadelphia, and Andrew Shubin and Justine Andronici of State College, according to the Philadelphia Inquirer.

Victim #2 is best known as the victim who was seen in the shower with Sandusky by Mike McQueary. Part of #2's case is based on voicemails left by Sandusky in 2011 that were released by his attorneys, according to the Inquirer.

Feller and Casey's firm released a statement on Thursday that laid out their plan to sue Penn State for the compliance of its officials in the abuse carried out by Sandusky. The statement claims that Penn State officials have admitted that they could have and should have stopped Sandusky's actions, according to Ross Feller Casey LLP.

It is likely that any lawsuit would include a negligence claim and could include a common law recklessness claim. We discussed negligence in the earlier post, but not recklessness.

Recklessness claims require more intent than negligence, but less intent than the true intent to harm required of intentional torts. For example, reckless behavior would be like lighting off a bottle rocket inside -- you knew it would be risky, but you did it anyway.

Here, Victim #2 could claim recklessness because the officials allegedly knew what Sandusky was capable of doing, but did not report him to police or forbid him from being linked to PSU. The knowledge that harm could happen and taking that substantial risk is what could put Penn State in jeopardy of being found guilty of recklessness.

The amount of sanctions and Victim #2 suing Penn State are likely to be a wake-up call to any organization that tend to hide issues rather than deal with them.

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