Benjamin Feld, Larry Feld, And Judith Feld Vs. Luke Borkowski

This case raises two substantive issues. The first substantive issue is whether there is a special limited-duty rule for contact sports under Iowa law that applies to the game of softball. If so, a second question arises, namely, whether the contact-sports exception should prevent liability based on negligence under the facts and circumstances of this case.

For the reasons stated below, I would reject application of the contact-sports exception to softball. In the alternative, I would hold that there is a factual question regarding whether the conduct in this case was outside the scope of the…