Legal Opinion
Tresa Megenity v. David Dunn
Indiana Supreme Court
Decided February 16, 2017No. 22S04-1609-CT-465PublishedCited by 16 opinions
1Opinion of the Court
On Petition to Transfer from the Indiana Court of Appeals, No. 22A04-1506-CT-722
Rush, Chief Justice.
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. Id. at 404. Today we clarify that under Pfenning ordinary conduct in the sport turns on the sport generally — not the specific…
2Cases cited11 opinions
- Antonio Hughley v. State of Indiana, The Consolidated City of Indianapolis/Marion County, and The Indianapolis Metropolitan Police DepartmentIndiana Supreme Court · 2014
- April Goodwin, Tiffany Randolph and Javon Washington v. Yeakle's Sports Bar and Grill, Inc.Indiana Supreme Court · 2016
- Pfenning v. LinemanIndiana Supreme Court · 2011
- F. John Rogers, as Personal Representative of Paul Michalik, and R. David Boyer, Trustee of the Bankruptcy Estate of Jerry Lee Chambers v. Angela Martin and Brian Paul BrothersIndiana Supreme Court · 2016
- Allen v. Dover Co-Recreational Softball LeagueSupreme Court of New Hampshire · 2002
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dale Sedam, Kim Sedam, and Bryan Norris, as co-personal representatives of the Estate of David C. Hamblin v. 2JR Pizza Enterprises, LLC doing business as Pizza Hut 013413Indiana Supreme Court · 2017
- Jennifer A. Smith v. Walsh Construction Company II, LLC and Case Foundation Company, Irving Materials, Inc., Bernardin Lochmueller and Associates, Inc., RoadSafe Holdings, Inc., Roudebush Grading, Inc.Indiana Court of Appeals · 2018
- Mary (Jones) Shirey v. Rex Flenar, M.D.Indiana Court of Appeals · 2017
- Paul Gresk, Trustee for the Bankruptcy Estate of Derek VanWinkle and Stacey VanWinkle on behalf of M v. and A v. their minor children v. Cortney Demetris, M.D.Indiana Supreme Court · 2018
- Daviess-Martin County Joint Parks and Recreation Department, Daviess County Indiana, and Daviess County Health Department v. The Estate of Waylon W. Abel by John Abel, Personal RepresentativeIndiana Court of Appeals · 2017
11 more not listed; retrieve them via the Exa API.