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Keywords

plaintiffdefendantnegligenceappealtrialmotionduty of caremotion to dismiss
plaintiffdefendantnegligencetrialmotionduty of carecivil proceduremotion to dismiss

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Allred v. Capital Area Soccer League, Inc., 194 N.C.App. 280, 669 S.E.2d 777

Facts

Teresa Lynn Allred attended a professional women's soccer match at State Capital Soccer Park in Cary, North Carolina, on April 26, 2003. While seated in the stands behind one of the goals, she was struck in the head by a soccer ball during the players' warm-up, resulting in substantial head injuries. Allred and her husband filed a negligence complaint against the soccer league and the county, alleging that the defendants failed to warn of the danger posed by soccer balls leaving the field, did not provide a safe environment, and did not install protective netting behind the goals. The trial court dismissed their claims, leading to an appeal.

Issue

Did the trial court err in dismissing the plaintiffs' negligence claims against the defendants?

Did the trial court err in dismissing the plaintiffs' negligence claims against the defendants?

Rule

The owner of a public facility has a duty of reasonable care to its invitees. This duty does not extend to common hazards inherent in the game, such as being struck by a ball, unless the operator fails to provide adequate safety measures, such as protective netting. Assumption of risk is an affirmative defense that must be pled and proven by the party asserting it, and it requires actual or constructive knowledge of the risk by the plaintiff.

Analysis

The court found that the plaintiffs adequately alleged that the defendants had a duty to provide a safe environment and failed to do so by not warning spectators of the risk of being struck by a soccer ball. The court noted that the plaintiff had no prior knowledge of the risks associated with attending a soccer match at that facility, which undermined the defendants' argument of assumption of risk. The court emphasized that the allegations in the complaint were sufficient to withstand a motion to dismiss, as they did not affirmatively establish that the danger was open and obvious.

The trial court erred in granting defendants' motion to dismiss pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. The complaint adequately alleges several causes of action in negligence against defendants and does not contain allegations which on their face present an insurmountable bar to plaintiffs' recovery.

Conclusion

The Court of Appeals reversed the trial court's dismissal of the plaintiffs' claims and remanded the case for further proceedings.

The trial court's dismissal of plaintiffs' claims in the instant case was premature. REVERSED AND REMANDED.

Who won?

The plaintiffs, Teresa Lynn Allred and her husband, prevailed in their appeal against the defendants. The appellate court determined that the trial court had erred in dismissing their negligence claims, as the plaintiffs had sufficiently alleged that the defendants owed a duty of care and breached that duty by failing to provide adequate safety measures for spectators. The court's ruling allowed the plaintiffs to proceed with their claims, emphasizing the importance of evaluating the facts and circumstances surrounding the incident.

The appellate court determined that the trial court had erred in dismissing their negligence claims, as the plaintiffs had sufficiently alleged that the defendants owed a duty of care and breached that duty by failing to provide adequate safety measures for spectators.

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