Judges split on duty owed to injured teen

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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.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.