Les Tina v. West Bend Mutual Insurance Co.

501 N.W.2d 28 (1993)

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Nature of the Case

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Facts

P was playing an offensive position for his soccer team, and D was the goalkeeper for the opposing team. P was about to attempt a goal when D ran out of the goal area and collided with P. P claims that D 'slide tackled' him in order to prevent him from scoring. D claimed that the collision occurred as he and P simultaneously attempted to kick the soccer ball. P seriously injured his left knee and leg. P sued D and D's homeowner's insurer. D moved for summary judgment on the negligence issue, asserting that P's allegations of negligence were insufficient as a matter of law to state a cause of action for injuries sustained during a recreational team contact sports competition. The circuit court denied the summary judgment motion. The parties agreed to limit the trial to the issue of negligence and to preserve the right to appeal regarding the appropriateness of the negligence standard. The jury returned a unanimous verdict finding D 100% causally negligent. The circuit court denied the post-verdict motions and entered judgment in favor of P. D appealed. The court of appeals certified the cause.