ILNews

COA reverses summary judgment for NCAA on negligence claim

Back to TopCommentsE-mailPrintBookmark and Share

A woman who was injured at a fencing event at the University of Notre Dame should have been granted more time to present relevant materials in opposition to the National Collegiate Athletic Association’s motion for summary judgment on her negligence claim, the Indiana Court of Appeals ruled Wednesday.

Lydia Lanni was struck in the left eye by a fencing saber, causing a severe injury, while she was at an allegedly NCAA-sanctioned fencing match at Notre Dame. The NCAA denies that it was involved with the match. She sued alleging negligence by the NCAA. It filed a motion to dismiss and/or motion for summary judgment. The NCAA attached the affidavit of Kelly Whitaker Shaul, the NCAA’s fencing championships manager, to its motion.

Lanni sought an extension to respond to the NCAA’s motion, arguing discovery was still ongoing. The trial court granted the NCAA’s motion to stay discovery pending the ruling on the motion for summary judgment. The trial court granted the NCAA’s motion for summary judgment.

Lanni argued that she hadn’t received any notice that the trial court would treat the combined motion as a summary judgment motion and that she had a lack of opportunity to conduct discovery.

In Lydia Lanni v. National Collegiate Athletic Association, et al., 49A05-1208-CT-392, the judges found that the trial court’s treatment of the NCAA’s motion for summary judgment was proper because evidence outside the pleading was presented and not excluded by the trial court. But, the conversion from a Trial Rule 12(B)(6) motion to a Trial Rule 56 motion requires the trial court to give all parties reasonable opportunity to present all pertinent material.

The NCAA argued that Lanni’s discovery requests were nothing more than generic form requests, but the “NCAA’s self-serving interpretation of what issues are ‘material’ to the cause should not be prevailing,” Judge Patricia Riley wrote. “Here, the NCAA’s motions, granted by the trial court, effectively prevented Lanni from conducting any discovery, let alone any reasonable discovery.”

The judges also found the trial court did not abuse its discretion by denying Lanni’s request to strike Shaul’s affidavit. White it might contain some generalized statements, they are nevertheless credible and clearly based on personal knowledge stemming from the position she holds, and as such are admissible evidence.

The case is remanded for further proceedings.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT