Tuesday, January 27, 2009

Cheerleading A Sport

In a case previously covered in the blog of the Wall Street Journal, the Wisconsin Supreme Court today held that a cheerleader who was injured in a pregame warmup exercise may not sue another member of the squad or the coach for negligence. The court concluded that a Wisconsin statute provided immunity because cheerleading is a physical activity involving contact, i.e., a sport:

This case presents the following three issues:  First, is Bakke [the teammate-defendant] immune from a negligence suit arising out of an incident that occurred while he was participating as a cheerleader at Holmen High School. We conclude that, pursuant to Wis. Stat. § 895.525(4m)(a) (2005-06), Bakke is immune from liability because he was participating in a recreational activity that includes physical contact between persons in a sport involving amateur teams.  Second, did the circuit court err when it concluded as a matter of law that Bakke was not reckless?  We conclude that the circuit court did not err when it concluded as a matter of law that Bakke was not reckless.  Third, we must determine whether Wis. Stat. § 893.80(4) provides the school district with immunity for the alleged negligent acts of the cheerleading coach.  We conclude that the school district is immune because no ministerial duty was violated by the cheerleading coach and there was no known and compelling danger that gave rise to a ministerial duty.

A concurring opinion by Justice Abrahamson agrees with the ultimate conclusion that cheerleading may be considered a sport for the purposes of the statute. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/01/in-a-case-previ.html

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» In Wisconsin, Cheerleading Is A Contact Sport from TortsProf Blog
Back in December, we reported on the Wisconsin Court of Appeals decision allowing a freshmen cheerleader to bring a negligence claim against her fellow cheerleader because cheerleading was not a contact sport. As the WSJ Law Blog reports, yesterday the [Read More]

Tracked on Jan 28, 2009 4:39:20 AM

Comments

So that 32 year old injury from my chess club incident is still a valid lawsuit, good.
ALAN

Posted by: Legal Profession Prof | Jan 27, 2009 7:40:57 AM

This story made http://detentionslip.org ! Check it out for all the crazy headlines from our schools.

Posted by: hall monitor | Jan 27, 2009 5:19:25 PM

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