ILNews

Judges split on duty owed to injured teen

Back to TopE-mailPrintBookmark and Share

A majority on the Indiana Court of Appeals affirmed summary judgment for a golf course, golf scramble organizers, and golfer in a teenager's suit after she was hit with a golf ball. Today's decision also expanded language from a previous ruling involving the duty to prevent injury to sports participants to now include sporting event volunteers.

In Cassie E. Pfenning v. Joseph E. Lineman, Whitey's 31 Club, Inc., Marion Elks Country Club Lodge #195, and the Estate of Jerry A. Jones, No. 27A02-0905-CV-444, Judges Carr Darden and Melissa May affirmed summary judgment for the defendants in Cassie Pfenning's suit that the club, promoters, Joseph Lineman, and her grandfather Jerry Jones owed her a duty to protect her from injury; that Jones, Whitey's and the Elks were negligent in their supervision of her, and that the Elks and Whitey's breached a reasonable duty of reasonable care under premises liability. The trial court affirmed summary judgment for the defendants.

Pfenning was 16 years old when she attended the golf scramble with her grandfather to work a beverage golf cart. Jones ended up playing in the scramble, so he left Pfenning in the care of his sister. The two were in the golf cart without a roof or windshield when Lineman's golf ball flew more than 70 yards before hitting Pfenning in the mouth, causing severe injuries to her teeth, mouth, and jaw.

The majority focused on whether the defendants' owed a duty to Pfenning. The appellate court has previously held there is no duty from one participant in a sports activity to another to prevent injury resulting from inherent risk of the sport, and extended the definition of participants from Geiersbach v. Frieje, 807 N.E.2d 114 (Ind. Ct. App. 2004), to include not only players, coaches, or players on the bench during the game, but also sporting event volunteers. Because the majority considered her a participant in the golf scramble, which had inherent risks, they ruled the defendants didn't owe her a duty. They also failed to find Lineman reckless for his golf ball hitting Pfenninger.

Judges Darden and May also found no relationship between Pfenning and the Elks or Whitey's that would give rise to a duty under negligent entrustment theory, and that Jones didn't breach his duty to exercise ordinary care on behalf of his granddaughter.

"To hold otherwise would impose an unreasonable duty upon Jones to insure Pfenning's safety and 'guard against every possible hazard,'" wrote Judge Darden.

Because Pfenning didn't assert a third party's criminal act caused her injury, that the act was foreseeable, or that there had been similar prior incidents, the majority affirmed judgment for the Elks and Whitey's on her premises liability claims.

Judge James Kirsch agreed that Lineman should be granted summary judgment, but disagreed with his colleagues on the other issues because the circumstances of the case lead to some of the defendants having a duty.

Judge Kirsch believed Pfenning was on the Elks' property as a business invitee, so it had a duty of due care. Pfenning acted as an unpaid agent of Whitey's, so the relationship weighs in favor of an imposition of duty. Judge Kirsch also ruled her grandfather owed a duty of reasonable care to Pfenning because she was entrusted into his care during the tournament.

"Had Pfenning been riding in the beverage cart with her grandfather when she was struck with the errant ball, I might well agree with my colleagues that she was a participant in the outing because her mother consented to the inherent risks of golf to which the grandfather exposed her. But that is not the case we have," he wrote.

Judge Kirsch also declined to extend the ruling in Geiersbach to include the facts of this case.

ADVERTISEMENT

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. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT