ILNews

Justices to hear arguments at Bloomington law school

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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.

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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