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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 will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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