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
- 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.