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[APPEALS] Tippecanoe School Corporation v. Isabella Reynolds, et al., 21A-CT-1482

By Courts

Friday, March 11, 2022 12:15pm to 12:55pm

[APPEALS] Tippecanoe School Corporation v. Isabella Reynolds, et al., 21A-CT-1482
5203 Plymouth LaPorte Trail, Plymouth, Indiana 46563, ISBA-WIL Event View map

5203 Plymouth LaPorte Trail, Plymouth, Indiana 46563

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Isabella Reynolds filed a negligence lawsuit against the Tippecanoe School Corporation (“TSC”) after she suffered injuries during a high school cheerleading routine.  Reynolds’ negligence claim was based, in part, on TSC’s failure to provide proper supervision.  The trial court denied TSC’s motion for summary judgment as it pertained to whether TSC failed to provide proper supervision.  On a motion to reconsider, the trial court again denied summary judgment on that claim based on the doctrine of incurred risk.  In this interlocutory appeal, TSC argues the trial court erroneously found 1) that a claim of negligent supervision brought by an athlete against her coach is not subject to this State’s protections against personal injury claims by one sports participant against another for injuries occurring in the ordinary conduct of the sport, and 2) that the “incurred risk” doctrine does not bar a negligent supervision claim brought by an athlete against her coach.  Reynolds argues that the trial court did not err because a sports participant is only protected from injuries that they cause not claims of negligent supervision, and that the “incurred risk” doctrine does not apply here because the risks associated with cheerleading are distinct from the risks of negligent supervision.

The scheduled panel members are Judge Riley, Judge Robb, and Judge Weissmann.

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