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plaintiffnegligencetrialsummary judgmentsustained
plaintiffnegligencetrial

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Christian v. Eagles Landing Christian Academy, Inc., 303 Ga.App. 113, 692 S.E.2d 745, 256 Ed. Law Rep. 934, 10 FCDR 1080

Facts

Coral Christian, a cheerleader, sustained injuries during a cheerleading practice at Eagles Landing Christian Academy. The incident occurred when Coral and her teammates decided to practice a stunt, the 'extended liberty,' without permission from their coach, who was positioned 40 yards away. Despite knowing the risks and the rule against stunting without a coach present, Coral participated in the stunt, having performed it numerous times before. She fell during the stunt, resulting in a compound fracture of her arm.

Coral was injured on October 13, 2005, when she was 14 and in the ninth grade. School let out at 3:00 p.m., and Coral's competition squad performed a routine for the parents around 3:45. At 4:30 her football squad, which included the same girls as the competition squad, met at the football field and their coach, Beth Etheridge, instructed them to warm up and stretch.

Issue

Did Coral Christian assume the risk of injury when she practiced a stunt without her coach's permission?

Did Coral Christian assume the risk of injury when she practiced a stunt without her coach's permission?

Rule

Assumption of risk is a complete defense to negligence, requiring the plaintiff to have actual knowledge of the danger, understand the risk, and voluntarily expose herself to it. The plaintiff must be aware of the specific risk that caused her injuries, and this defense typically presents a question for the jury.

Assumption of risk is a complete defense to negligence, and requires that the plaintiff have actual knowledge of the danger, understand the risk, and voluntarily expose herself to it.

Analysis

In this case, Coral had extensive experience with cheerleading and was aware of the risks involved in performing stunts. She had previously fallen during similar stunts and understood the potential for injury. Despite knowing the rules against practicing without a coach present, she chose to participate in the stunt, indicating a voluntary assumption of risk. The court found that her actions demonstrated a clear understanding of the dangers involved.

Coral had been cheering for a long time, always in the highest, riskiest position. She knew that falling was a possibility when doing a cheerleading stunt, and in fact had fallen 'out of the move' 20 to 25 times before while doing an extended liberty, although she had never hit the ground.

Conclusion

The court affirmed the trial court's grant of summary judgment to Eagles Landing, concluding that Coral assumed the risk of her injuries.

The trial court did not err in holding that Coral assumed the risk here as a matter of law.

Who won?

Eagles Landing Christian Academy prevailed in this case because the court determined that Coral Christian had assumed the risk of injury by choosing to practice a stunt without her coach's permission. The court emphasized that Coral was an experienced cheerleader who understood the risks involved and had previously fallen during stunts. Her decision to proceed with the stunt, despite knowing the rules and the potential dangers, led to the conclusion that she voluntarily accepted the risk of injury.

Eagles Landing Christian Academy prevailed because the court found that Coral had assumed the risk of her injuries by participating in the stunt without her coach's permission, despite her knowledge of the risks involved.

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