ILNews

Justices to hear arguments at Bloomington law school

Back to TopE-mailPrintBookmark and Share

The Indiana Supreme Court travels to Bloomington Monday to hear arguments in the case of a teenage girl who was injured by a golf ball while driving the beverage cart at a golf outing.

Arguments begin at noon in the Moot Courtroom at Indiana University Maurer School of Law, 211 S. Indiana Ave., for Cassie E. Pfenning v. Joseph Lineman, et al., No. 27S02-1006-CV-331. Cassie Pfenning was 16 years old when she attended a golf scramble with her grandfather, Jerry Jones, 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 Joseph Lineman's golf ball flew more than 70 yards before hitting Pfenning in the mouth, causing severe injuries to her teeth, mouth, and jaw.

Judges Carr Darden and Melissa May affirmed summary judgment for the defendants, which included the club, promoters, and Pfenning’s grandfather, ruling that the defendants didn’t have a duty to protect the teen from injury; weren’t negligent in their supervision of her; and there wasn’t a breach of duty of reasonable care under premises liability. The majority also 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.

Judge James Kirsch dissented because he believed that since Pfenning was on the property as a business invitee, the golf club had a duty of care; he also found her grandfather owed her a duty of reasonable care because she was entrusted into his care during the tournament. Judge Kirsch declined to extend the ruling in Geiersbach to include the facts of this case.

ADVERTISEMENT

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. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

  2. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  3. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  4. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  5. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

ADVERTISEMENT