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Justices rule against woman injured by karate kick

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A woman who sued a karate classmate when she was injured by his jump-kick cannot prove recklessness, the Indiana Supreme Court ruled Thursday, extending its jurisprudence applied to torts arising from sports injuries.

Justices affirmed summary judgment in favor of David Dunn, whose jump-kick injured black belt Tresa Megenity as she held the bag during a “kick the bag” drill, extending and clarifying a prior ruling in a sports negligence case.

“Our decision in Pfenning v. Lineman, 947 N.E.2d 392 (Ind. 2011), established a limited new rule: Indiana courts do not referee disputes arising from ordinary sports activity. Instead, as a matter of law, when a sports participant injures someone while engaging in conduct ordinary in the sport — and without intent or recklessness — the participant does not breach a duty,” Chief Justice Loretta Rush wrote for the court.

“Today we clarify that under Pfenning ordinary conduct in the sport turns on the sport generally — not the specific activity. Here, during a karate class drill, David Dunn jump-kicked a bag, injuring Tresa Megenity, who was holding the bag. Since jump kicks are ordinary in the sport of karate generally, and no evidence supports intent or recklessness, Megenity cannot show breach as a matter of law. We thus affirm summary judgment for Dunn.”

In Pfenning, the court rejected a suit brought by a teen beverage cart driver who was struck by an errant golf ball after a golfer failed to yell “fore.”

“(A)djusting our focus to the sport of karate overall, we conclude that Dunn’s jump kick was ordinary, even if it was contrary to the protocol for the kicking-the-bag drill,” Rush wrote. “Like the wayward drive in Pfenning, Dunn’s jump kick may reflect poor technique or faulty execution. But it was ordinary conduct in the sport or karate generally, and no evidence show intent or recklessness. We therefore find no breach as a matter of law and affirm summary judgment.”

The case is Tresa Megenity v. David Dunn, 22S04-1609-CT-465.
 

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  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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