Day on Torts
The Supreme Court of South Carolina has ruled that a father playing catcher in a softball game who was injured during a collision at home plate did not have a claim against the baserunner.
In Cole v. Boy Scouts of America, Opinion No. 27072 (S.C. S. Ct. 12/5/11), South Carolina’s Supreme Court affirmed a grant of summary judgment in favor of the baserunner (Wagner) who collided with the plaintiff’s husband at home plate. Plaintiff’s husband sustained a serious brain injury in the collision.
Defendant Wagner moved for summary judgment contending that he owed no duty to Plaintiff’s husband because because he (the husband) assumed the risks of playing the sport of softball. Plaintiff alleged that Wagner’s behavior was inconsistent with the ordinary risks of softball because the game was intended to be noncompetitive. He also argued that Wagner violated a rule of the game, and he acted recklessly.