Cole v. Boy Scouts of America

Appellant Karen Cole, on behalf of her husband David, sued the Boy Scouts of America, Indian Waters Council Pack 48 after David was injured during a father-son softball game at a family camping trip. Respondent Jeff Wagner and his son were also on the camping trip and were playing on the opposite team from the Coles in the softball game. Apparently, some of the fathers were playing too aggressively in the minds of some participants and hitting the ball with full swings. One of the Scout leaders briefly interrupted the game and asked them to play more safely, fearing that they were putting the scouts in danger. During Wagner's next turn at bat, he hit a double. Another father came up to bat after him and hit the ball into the outfield, potentially allowing Wagner to score. As Wagner reached home plate, he collided with Cole, who had moved on top of the plate, thereby placing his body directly in the baseline. Wagner was running so fast that he was unable to stop or change directions in time to avoid Cole. Upon impact, Wagner flipped in the air and landed on a bat, breaking a rib. Cole suffered a closed head injury and was rendered semiconscious. He then began bleeding and went into convulsions. Cole had to be airlifted to Palmetto Richland Hospital where he spent two days in the intensive care unit. David Jr. witnessed the entire accident in fear that his father was going to die. Cole and his wife Karen, personally and as guardian ad litem for David Jr. brought this action against Wagner, the Boy Scouts of America, Indian Waters Council of the Boy Scouts of America, Pack 48, and Faith Presbyterian Church for personal injury, loss of consortium, and negligent infliction of emotional distress. Wagner moved for summary judgment, contending he owed no duty to Cole because Cole assumed the risks incident to the sport of softball. The circuit court granted Wagner's motion. Upon review, the Supreme Court affirmed the circuit court: "[e]ven assuming that Wagner's conduct could be characterized as reckless, it was not so reckless as to involve risks outside the scope of softball. ... Even within the context of a contact sport, players owe reciprocal duties to not intentionally injure each other. Cole [did] not allege that Wagner's conduct was intentional nor [did] he allege such recklessness as would fall outside the scope of the game of softball. Thus, Wagner's conduct fell within the duty of care he owed to Cole as a coparticipant in the game." View "Cole v. Boy Scouts of America" on Justia Law