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SC Supreme Court Rules Softball Contact Sport

In March 2004, Jeff Wagner left work and joined a father-son pickup softball game during a Boy Scout camping trip.  During the game Wagner and another father, David Cole collided which left Wagner with a broken rib.  Cole suffered a head wound, went into convulsions, then spent a couple of days in intensive care.  Personal distress and injury led Cole and his son to sue the church, the Boy Scouts and Wagner. 

“While Cole was playing a casual game in which the teams did not even keep score, he was still playing softball, which is a contact sport,” the SC Supreme Court wrote in Monday’s opinion. “Where a person chooses to participate in a contact sport, whatever the level of play, he assumes the risks inherent in that sport.”

Source: Insurance Journal 2011

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