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COA applies sports injury conduct rule

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Less than three months after the Indiana Supreme Court issued a decision about sports injury cases, the state’s intermediate appellate court is now applying the new rule regarding how liability should be determined.

The Court of Appeals issued a decision Thursday in Cynthia Ann Welch v. Shawn D. Young, et al., No. 79A02-1012-CT-1407, involving a youth baseball game injury case that wound up in Tippecanoe Circuit Court.

Cynthia Welch, who was “Team Mom” for her son’s Wea Summer Recreation youth baseball team, was handing out bubble gum to the players during a game on May 30, 2007. She walked by the dugout where Jordan Young,  the 11-year-old son of team coach Shawn Young, was warming up “on deck” with practice swings outside the dugout, and his bat hit Welch in the knee.

Though the appellate decision doesn’t outline what her injuries were or what happened next, Welch filed a complaint alleging various theories of liability against the coach, as well as the McCutcheon Youth Baseball League and Wea Summer Recreation and Wea Summer Recreation Center. The defendants moved for summary judgment, and the trial court granted summary judgment for all the defendants. Specifically, the court in August 2010 found that the action against Shawn Young was barred by Indiana Code 34-13-3-5(b) because his employer, Wea Township, is a governmental entity, and the Wea Summer Recreation defendants were not liable for the child’s negligence. The local court also noted Welch hadn’t argued Shawn Young was liable in any individual capacity, and it later found that she was a “participant” in the sporting event because of her role as “Team Mom” and that she’d incurred the risks.

But on appeal, the Court of Appeals dismissed the “participant” determination because of the Indiana Supreme Court’s ruling from May in Cassie E. Pfenning v. Joseph E. Lineman, 947 N.E.2d 392 (Ind. 2011), a golf ball injury case in which the justices on first impression adopted a standard that summary judgment is appropriate when a sports participant is acting within the range of ordinary behavior and whatever injury occurs isn’t because of unreasonable conduct.

Even though this case happened before the May 18 ruling in Pfenning, the intermediate panel unanimously found that the standard applies and it doesn’t matter whether Welch was a “participant” in determining liability. Still, the Pfenning decision didn’t offer any guidance on what might be “ordinary behavior” and that is what the Court of Appeals took up largely in this current appeal on the topic of breach of duty.

That meant exploring the actions of both Welch and the 11-year-old boy who swung the bat and hit her in the knee.

“Our Supreme Court offered little guidance in Pfenning as to the meaning of its new rule that ‘if the conduct of such participant [i.e. the alleged tortfeasor] is within the range of ordinary behavior of participants in the sport, the conduct is reasonable as a matter of law and does not constitute a breach of duty,” Judge Melissa May wrote.

The appellate panel relied on caselaw from other states such as Hawaii and New Hampshire, as well as a 60-year-old Indiana Court of Appeals case involving a golfer taking practice swings away from the tee.

But questions remain in this case about where Welch was standing when she was injured, as well as whether the baseball game had actually started at the time. The court determined it couldn’t decide what might be reasonable, so it reversed and sent that back for the trial court to explore. Since Welch didn’t address the governmental immunity aspect in her briefing, the appellate court couldn’t say whether the trial court erred in that holding and affirmed it.

“The record before us presents issues of fact that will likely have a bearing on whether Jordan Young’s conduct when Welch was injured was within the range of ordinary behavior of participants in little league baseball. We must therefore reverse summary judgment for Young and remand,” the court wrote.

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

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  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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