In October 2015, Shonda Hiller took her daughter, Brooke, to Triple Crown Valparaiso Baseball and Softball Training Center for a batting lesson with instructor Zach Janssen. It was their first visit to the facility. Hiller initially waited in the designated waiting room while Brooke had her lesson with Janssen. According to Hiller, midway through the lesson, Janssen came to the waiting room and directed her to enter the training area to watch Brooke's progress. Janssen allegedly instructed Shonda to kneel on the floor next to a training screen. (See Photo of Training Screen Below). While Shonda was watching Brooke's lesson, eight-year-old Hannah Arnett, who was at the facility with her mother Barbara Cole, caused the training screen to fall over. The screen struck Hiller from behind, knocking her over and causing her head to hit the floor.

Triple Crown claims training screen was not defective and was in good working condition at the time of the incident, though it was known to occasionally tip over when hit by a ball during lessons. Triple Crown contends there had been no prior incidents involving the training screen falling while not in use.  Hiller sued Triple Crown for negligence, and Triple Crown later filed a motion for summary judgment.  The trial court denied the motion, and Triple Crown appeals that denial. 

Triple Crown argues it owed no duty to protect Hiller from the unforeseeable actions of a third-party. Triple Crown argues the Rogers/Goodwin foreseeability framework applies, suggesting we should apply the premises liability analysis for “activities on the land” instead of for “conditions of the land.” In doing so, Triple Crown claims it had no knowledge of any present and specific circumstances indicating imminent danger to Hiller. Triple Crown contends the incident was not the type of harm normally expected at a training facility and imposing a duty would effectively make it an insurer of its invitees' safety.

Hiller contends this is primarily a direct negligence claim against Janssen, for which Triple Crown is vicariously liable. She argues that when Janssen directed her from the safety of the waiting room to kneel next to the training screen in an area where injuries were known to occur, he and Triple Crown owed her a duty of care to direct her to a safe place to watch. Alternatively, Hiller claims that even under the Rogers/Goodwin analysis, Triple Crown had knowledge that the screen could tip over, making Hiller's injury foreseeable. 

The scheduled panelists are Judge Weissmann, Judge Felix, and Judge Scheele.