The Penn State student who fell backward after a balcony rail gave way has started attending fall classes, though his lawyer said he will undergo surgery tomorrow to replace part of his skull that was removed to relieve swelling in his brain.

Cory Wincek's attorney, Shanin Specter, said yesterday that Wincek, 21, is taking two classes this semester; however, he continues to encounter medical hurdles resulting from his March 31 fall.

Wincek fell 16 feet after leaning against a railing on the third floor of University Terrace Apartments, 924 Bellaire Ave., and remains paralyzed from the waist down.

Specter had said in July that Wincek was released to his State College home from the McGee Rehabilitation Hospital in Philadelphia July 25.

"He is trying to do the best he can to move forward with his life," Specter said.

He added that Wincek remains in a wheel chair and needs more rehabilitation, but that he hopes to keep up with schoolwork and "take it from there."

Specter also said minor changes were made to the civil lawsuit originally filed July 20. The suit claims Wincek's injuries are the direct result of negligence by the companies Keystone Real Estate Group and The
Apartment Store Real Estate Group, the groups that own University Terrace Apartments.

Specter said Wincek and the defendants agreed to some minor changes in the suit, but said none of the changes significantly altered Wincek's complaint. The court documents were not available last night.

The original complaint maintains that Wincek was "catastrophically injured" because the "unstable railing was dangerous, defective and constituted an unsafe condition."

The complaint said it is the responsibility of the defendants to maintain the railing and that they failed to do so. It also claims the companies knew the railing was defective and ignored the problem.

"Defendants knew, and willfully and recklessly disregarded the fact that the railings were unstable, unsteady, dangerous and hazardous to tenants of the apartment such as Cory Wincek," the complaint states.

Neither real estate group could be reached for comment last night.