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Court of Appeals Nets Tennis Negligence Claim as Injury was Foreseeable

Amusement and Leisure / March 26, 2020

In Trecha, Plaintiff and Defendant were coparticipants in the recreational activity of tennis under the reasoning of Ritchie-Gamester. The trial court, therefore, correctly applied the reckless misconduct standard of care. However, the reckless misconduct standard only applies to injuries that arise from risks inherent in the activity. Whether a risk is inherent in a recreational activity for purposes of establishing the applicable standard of conduct is determined by asking whether the risk was reasonably foreseeable, which is a question of fact for the fact-finder. Here, getting hit by a wayward tennis ball while inside of a tennis court is foreseeable.

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