Marchetti v. Kalish

The issue for this court’s determination is whether a participant in a recreational or sporting activity can recover for personal injuries received during the course of the activity absent evidence of reckless or intentional conduct.2 Stated differently, the question is whether a showing of negligence will suffice to allow recovery under these circumstances. The court of appeals adopted Sections 50 and 892A of the Restatement of Torts 2d, and essentially applied a negligence standard. Since these issues have not been previously addressed by this court, we must determine the proper standard as…