Phi Delta Theta Co. v. Moore

Justice ENOCH, joined by Justice HECHT, dissenting to the improvident grant.

This case presents a significant issue that we have never taken up. The issue, broadly stated, is what tort liability rule should apply when a participant in a sports or recreational activity sues over an injury suffered during play. The practical importance of this issue is undeniable because the every-day scenarios that may give rise to it are myriad. Indeed, it is hard to imagine a sport or recreational activity whose participants, sponsors, coaches, and venue providers will not be affected by our treatment of this…