ILNews

Justices decide golf ball injury case

Back to TopCommentsE-mailPrintBookmark and Share


Taking a swing at an issue of first impression, the Indiana Supreme Court has ruled on a golf ball injury case and rejected the concept that a sporting event participant owes no duty of care to protect others from inherent risks of the sport in all situations.

Instead, the five justices had adopted the view that summary judgment is appropriate in those cases where a sports participant is acting within the range of ordinary behavior and whatever injury occurs isn’t because of unreasonable conduct.

The unanimous ruling came May 18 in the case of Cassie E. Pfenning v. Joseph E. Lineman, et. al., No. 27S02-1006-CV-331, from Grant County.

The case stems from an August 2006 golf outing Pfenning was attending with her grandfather. The grandfather, Jerry A. Jones, was participating in the golf scramble and left his granddaughter, and the teenager ended up driving a beverage cart around the course – a cart without a roof or windshield. At one point, golfer Joseph Lineman’s errant golf ball flew 70 yards from the tee and hit Pfenning, who was age 16 at the time, in the mouth, causing severe injuries to her teeth, mouth, and jaw. She sued the golfer who’d hit the ball, the bar that sponsored the event, the Elks country club that hosted the tournament, and her now-deceased grandfather who invited her to go along but hadn’t warned her of the potential dangers.

Grant Superior Judge Jeffrey Todd decided in favor of all the defendants before the scheduled trial, and on appeal a two-judge Indiana Court of Appeals majority upheld the trial court judge’s ruling, holding most significantly that no duty of care exists from one participant in a sports activity to another to prevent injuries resulting from inherent risks of the sport itself. The majority 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 Pfenning.

Only Judge James Kirsch dissented, agreeing that he would have granted summary judgment for Lineman but disagreeing with his colleagues on the other issues because the circumstances of the case led to some of the defendants having a duty.

The Supreme Court heard arguments last year and Justice Brent Dickson wrote this 23-page opinion, which the court said is aimed at clarifying a line of varying and inconsistent rationales from the intermediate appellate court through the years on this issue of sports’ participant duty of care. The justices turned to precedent from several other states that have addressed this issue and looked to those no-duty, reduced-duty, or combination approaches.

“As to judicial policy, however, we are in agreement with our colleagues on the Court of Appeals and many of the courts of our fellow states that strong public policy considerations favor the encouragement of participation in athletic activities and the discouragement of excessive litigation of claims by persons who suffer injuries from participants’ conduct,” Justice Dickson wrote. “Athletic activity by its nature involves strenuous and often inexact and imprecise physical activity that may somewhat increase the normal risks attendant to the activities of ordinary life outside the sports arena, but this does not render unreasonable the ordinary conduct involved in such sporting activities.”

Sound judicial policy can be achieved within Indiana’s existing framework of state statute and jurisprudence, the court determined. Specifically, the justices concluded that only in sports injury cases a limited new rule should apply acknowledging that reasonableness may be found by the court as a matter of law. This is an approach taken by the Arizona courts on this type of issue.

In this case, the court found that Lineman’s errant drive that hit Pfenning is clearly within the range of ordinary behavior of golfers and doesn’t establish a breach of duty required for a negligent action. Justices also found that nothing shows the Elks should have reasonably expected invitees on the golf course to not realize the danger of wayward golf shots, and so summary judgment was appropriate for the club. But the justices found that the grandfather and bar sponsor weren’t entitled to summary judgment and those liability questions warrant trial.

ADVERTISEMENT

  • Book 'm Dan O
    Now we must read our grandchildren their "rights" before we take them... Anywhere??? Big Macs kill we are told; therefore, Read 'em their rights before our kids sue us for endangering their children by buying them a burger. Book'm Dan O!

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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT