Davin v. Athletic Club of Overland Park

ROSEN, J.:

Michael E. Davin appeals the trial court’s grant of State Farm Fire & Casualty Company’s (State Farm) motion for judgment as a matter of law. We affirm.

Davin was injured while playing basketball with T. Sean Lance at the Athletic Club of Overland Park on January 14, 1999. Lance claimed that Davin grabbed him by the arms and held him with both hands. In response, Lance picked Davin up between the legs, lifted him about 5 feet off the ground, turned him, and dropped him headfirst on the floor. Davin landed on his right shoulder and head. The fall knocked Davin unconscious, and he was…