On February 16, 2017, the Indiana Supreme Court issued an opinion regarding a sports participant’s duty owed to other participants in sports-injury tort cases. Megenity v. Dunn (No. 22D03-1309-CT-1354, decided Feb. 16, 2017). The Court affirmed the trial court’s ruling that a participant does not breach a duty owed to another participant by engaging in conduct ordinary in the sport, unless the participant intentionally or recklessly did so.
In Megenity, the plaintiff was a black belt in karate and attended classes at one particular studio for two years. At one session, she volunteered to hold a flying-kick bag while students practiced. The defendant was a green belt and accidentally executed a jump kick (both feet are off the ground) instead of a flying kick (one foot remains on the ground), which sent the plaintiff “flying and crashing to the floor”. The plaintiff suffered a knee injury, requiring surgery and months of physical therapy.
The plaintiff sued, arguing that the defendant breached a duty to her because a jump kick is never done during a flying kick drill. The trial court granted summary judgment for the defendant, finding a jump kick was an ordinary behavior during a kick-the-bag drill. The Supreme Court agreed, finding that “ordinary conduct” should be determined looking at the sport generally, not in the specific activity within the sport. As jump kicks are ordinary in the general sport of karate and the defendant did not intentionally or recklessly execute a jump kick, the defendant did not breach a duty even though the jump kick was contrary to protocol.