Berman v. Philadelphia Board of Education

HESTER, Judge:

In April, 1976, Brad Berman was an eleven year old, fifth grade student, attending Sharswood Elementary School in Philadelphia. In response to a flyer distributed to each classroom announcing an after-school floor hockey league, Brad enrolled in the program and was assigned to play for the Capitals, one of the eight league teams. All games were played in the school’s gymnasium.

Daniel Caputo, a physical education instructor at Sharswood, began the program during the 1974-75 school year. He instructed the student players, at the beginning of each season, that slapshots, raising…