## Facts

- Robert F. Lestina and Leopold Jerger played in an over-30 recreational soccer league match; Jerger was the opposing team’s goalkeeper.
- After Lestina scored and later moved toward another scoring attempt, Jerger left the goal area and collided with Lestina while contesting the ball.
- Lestina alleged Jerger executed a prohibited “slide tackle” intended to stop the goal attempt; Jerger contended both players simultaneously attempted to kick the ball and collided.
- The league’s rules prohibited slide tackles to reduce injury risk.
- Lestina sustained serious injuries to his left knee and leg and sued Jerger and Jerger’s homeowner’s insurer, alleging negligent and reckless conduct.

## Issues

1. What standard of care governs civil liability for injuries one participant causes another during recreational team contact sports: ordinary negligence or recklessness?

## Decision

- The Wisconsin Supreme Court held that ordinary negligence is the governing standard for injuries incurred during recreational team contact sports.
- The court affirmed the trial court’s use of negligence and left standing the jury’s verdict finding Jerger 100% causally negligent.
- The court rejected adopting a categorical recklessness-only standard for participant-to-participant sports injuries.

## Legal Principles

- Participants in recreational team contact sports owe other participants a duty of ordinary care under general negligence law.
- Whether conduct is negligent must be evaluated under the circumstances of the game, including the sport’s nature, governing rules, customs, and inherent risks.
- Applying negligence in sports does not impose automatic liability for injuries; liability turns on whether the conduct was unreasonable given the sport-specific context.
- League rules limiting dangerous maneuvers (e.g., prohibiting slide tackles) inform what risks participants may reasonably expect and what conduct may be unreasonable.

## Conclusion

Wisconsin applies ordinary negligence, not a heightened recklessness standard, to claims between participants for injuries arising during recreational contact sports, with reasonableness measured by the sport’s rules, customs, and inherent risks.


Lestina v. W. Bend Mut. Ins. Co., 176 Wis. 2d 901, 501 N.W.2d 28 (Wis. 1993)