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Justices decide golf ball injury case

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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.

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  • 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!

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  3. 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

  4. 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)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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