Lacrosse Sporting Accident Does Not Constitute Reckless Conduct
During a high school lacrosse game, Defendant took a shot which caused injury to the Plaintiff. Plaintiff filed a personal injury lawsuit claiming that the Defendant’s conduct was “reckless.” The Defendant lacrosse player filed a motion for summary disposition which was denied by the Trial Court. On appeal before the Michigan Court of Appeals, that ruling was reversed.
The Appellate Court reasoned that even considering the facts in a light most favorable to the Plaintiff, the evidence shows that, at worst, the Defendant’s shot was negligent, not reckless. Players were permitted to make such shots and players do so regularly. Sometimes defending players are struck by such shots. That is just part of playing lacrosse.
The Court of Appeals relied upon a 1999 appellate decision Ritchie-Gamester vs. Berkeley which held that participants in recreational sports accept certain risks “inherent in that activity” and that players “participate with the expectation that no liability will arise unless a participant’s actions exceed the normal bounds of conduct associated with the activity.”
The Court of Appeals felt that a simple rule violation alone is not enough to show reckless conduct. Even so, coaches and lacrosse officials reviewing video of the play at issue found nothing improper with the Defendant’s shot on goal.
The Trial Court should have granted the Defendant’s Motion for Summary Disposition. The Trial Court’s ruling was reversed.
Click on the link to read the case Archer v Bunce.
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