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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. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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