December 30, 2008
According to the WSJ Law Blog, the Wisconsin Court of Appeals has cleared the way for a ninth grade cheerleader to bring a negligence claim against her fellow student cheerleader for allegedly failing to properly spot her during a stunt. The court found that cheerleading was not a contact sport, and therefore, not covered by a Wisconsin statute requiring recklessness or intent to impose liability. More on the decision from Matthew Mitten at the Marquette U Law Faculty Blog. Howard Wasserman at Prawfs also adds his thoughts, and questions the court's approach (i.e., the focus on contact between "opponents"), but not the result. Howard notes that the case is now before the Wisconsin Supreme Court.
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