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First impression issue on 'in loco parentis' doctrine

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Until Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.

In Kevin A. Griffin and Maureen O. Griffin, et al. v. George E. Simpson, Team Indiana Volleyball, Inc., et al., No. 18A02-1009-CT-1064, parents Kevin and Maureen Griffin sued the grandparents of one of their daughter’s teammates, the teammate’s mother, the daughter’s volleyball coach, and the private volleyball club after their daughter B.G. was injured falling off a golf cart. During a long break between matches in Muncie, B.G., some other teammates, and coach Becky Murray, went to the home of George and Sharon Simpson to pass time before the next match. B.G. went to the home after being invited by her teammate’s mother while B.G.’s father drove back to Indianapolis to watch another child’s sporting event.  

Murray, who was pregnant at the time, went upstairs in the Simpsons’ home to nap while some of the players rode around in a golf cart on the Simpsons’ property. Despite warnings of only allowing the Simpson’s granddaughter to drive and to not drive up a certain hill, three girls went where they weren’t supposed to go, and B.G. flew out of the cart in an accident and was injured.

The trial court granted Team Indiana Volleyball and Murray’s motion for summary judgment, that as a matter of law, Murray owed no duty to B.G. while the team was on break.

The appellate court examined the in loco parentis doctrine with respect to Murray, and held it didn’t apply to her under the facts of this case. B.G.’s father gave permission for B.G. to attend after the teammate’s mother invited her. There’s no evidence that B.G.’s father even knew whether Murray would be there or supervising the girls, as she had originally planned on staying at the tournament to watch matches before feeling ill. Because of this, Kevin Griffin couldn’t have entrusted B.G. to Murray’s care during the break between tournament sessions, and Murray didn’t demonstrate any intent to assume parental status or undertake an affirmative duty regarding B.G. during the break, wrote Judge Terry Crone.

The Griffins also asserted that Murray gratuitously assumed a duty to supervise the players by giving them instructions regarding which activities were permissible at the Simpsons’ home during their break. But it was the Simpsons, as the property owners, and the two other parents as the organizers of the impromptu visit to the Simpsons’ home, who were responsible to instruct and supervise the girls during their outdoor activities, wrote the judge.

“In sum, the impromptu gathering was not a ‘team event,’ and Coach Murray was merely a guest whose attendance was due to a last-minute change of plans when she was presented with an invitation that included the opportunity to nap,” he wrote. “As such, she no more deliberately and specifically assumed a duty to supervise B.G.’s golf-carting activity at Mr. and Mrs. Simpson’s house than she would deliberately or specifically have assumed the obligation to dress a player in warm clothes during winter or put her to bed early on the night before a match.”

The judges also held because Murray didn’t commit the tort of negligent supervision, then respondeat superior cannot apply against Team Indiana Volleyball.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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