Court finds cheerleading is a team sport

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The Wisconsin Supreme Court today determined that cheerleading is a team sport. As a result, a state statute granting recreational immunity to participants for injuries resulting from participation in team sports applies.

The case, Brittany L. Noffke v. Kevin Bakke, 2006AP1886, arose after Noffke was injured when she fell from the top of a cheerleading formation during practice. Bakke was spotting Noffke when she fell and hit her head. Both of them were 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. .

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.

Today’s Supreme Court’s decision, written by Justice Annette Kingsland Ziegler, brings cheerleading under the same umbrella as football or soccer with regard to offering the recreational immunity..

“We agree with Bakke and conclude that pursuant to Wis. Stat. § 895.525(4m)(a), Bakke is immune from liability because of the statute’s plain language. Bakke was participating in a ‘recreational activity’ that includes ‘physical contact between persons in a sport involving amateur teams[.]’” Ziegler wrote.

The Supreme Court found that neither the school nor Bakke could be held liable for Noffke's injury.

This is one of several decisions the state Supreme Court is slated to release this week. Tomorrow, the Supreme Court is scheduled to release a decision in Lisowski v. Hastings Mutual Ins. Co. (2006AP2662). The court is expected to clarify the definition of a “covered auto” in an underinsured motorist case. A decision in the case is scheduled for release tomorrow (Jan. 28) by 8:30 a.m.