Who’s liable for cheerleading accident?

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The state Supreme Court will release a decision tomorrow in a case that has raised questions about who is liable for an injury that occurred during cheerleading practice.
The Supreme Court is expected to decide whether the recreational immunity law, which limits liability for students participating in contact sports, extends to cheerleading activities.

The case – Brittany L. Noffke v. Kevin Bakke, 2006AP1886

– arises from an injury that Noffke received when she fell from the top of a cheerleading formation during practice. Bakke, who was spotting Noffke, and Noffke, who hit her head on the floor, were both new to the cheerleading squad.

Noffke sued the school district and Bakke.

The circuit court judge determined that the recreational immunity law covered cheerleading. Thus the judge granted summary judgment in favor of the defendants, dismissing the case.

In a decision

http://www.wicourts.gov/ca/opinion/DisplayDocument.html?content=html&seqNo=31825

last year, the Wisconsin Court of Appeals determined that cheerleading was not a contact sport covered by the recreational immunity law; however, it did find governmental immunity for the school. The court affirmed that Noffke could not bring her suit against the school district. However, it reversed the lower court ruling regarding her ability to bring a case against Bakke.

Back in October, the Supreme Court heard oral arguments in the case. It is scheduled to release a decision, which can be found at http://www.wicourts.gov/opinions/supreme.htm, tomorrow (Jan. 27) by 8:30 a.m.