Court of Appeals Nets Tennis Negligence Claim as Injury was Foreseeable

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.

To access the full article: https://bit.ly/2vVHlQ4