C.J.R. v. G.A.

Procedural entryThis page is a short order in C.J.R. v. G.A.. Read the opinion of the Court — 438 N.J. Super. 387
New Jersey Superior Court Appellate Division·Decided December 8, 2014·No. A-2771-13·Published

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2771-13T3

C.J.R., a minor, by his father and guardian ad litem, CHRISTOPHER REES, and CHRISTOPHER REES, individually, APPROVED FOR PUBLICATION

Plaintiffs-Appellants, December 8, 2014

v. APPELLATE DIVISION

G.A.,

Defendant-Respondent,

and

GERALD J. ALESSI,

Defendant.

____________________________________

Argued November 17, 2014 - Decided December 8, 2014

Before Judges Sabatino, Simonelli, and Guadagno.

On appeal from the Superior Court of New Jersey, Law Division, Burlington County, Docket No. L-0576-12.

John D. Borbi argued the cause for appellants (Borbi, Clancy & Patrizi, attorneys; Mr. Borbi, on the brief).

Ann L. Longo argued the cause for respondent (Naulty, Scaricamazza & McDevitt, LLC, attorneys; Gerald X. Smith, of counsel and on the brief; Ms. Longo, on the brief). The opinion of the court was delivered by

SABATINO, P.J.A.D.

With his Medford youth lacrosse team in the lead, less than

twenty seconds remaining on the game clock, and the ball nestled

in the basket of his stick, a Medford player was struck in the

forearm by an opposing player on the Marlton team. The blow

knocked the Medford player to the ground. Referees whistled

play to a halt and ended the game. The Medford player was taken

to a hospital, where he was treated for a fracture.

Seeking to recover damages for his personal injuries, the

Medford player, a minor, and his father filed suit in the Law

Division against the opposing player, who was eleven years old

at the time of the incident. Plaintiffs also named the Marlton

player's father as a co-defendant. The trial court granted

summary judgment to both defendants. The court concluded that

the facts relating to the conduct producing this youth sports

injury, even when viewed in a light most favorable to

plaintiffs, were insufficient to support this cause of action.

Plaintiffs now appeal, solely challenging the dismissal of their

claims against the other minor.

We affirm the entry of summary judgment in this case of

first impression under New Jersey law. We concur with the

motion judge that the defendant minor breached no legal duty in

2 A-2771-13T3 causing the plaintiff minor to sustain this unfortunate sports-

related injury.

We reach our conclusion by applying a double-layered

analysis, one which counsel on appeal mutually accepted as an

appropriate distillation of the relevant tort principles

separately pertaining to adult sporting activities and to the

conduct of minors. The inquiry we have fashioned examines: (1)

whether the opposing player's injurious conduct would be

actionable if it were committed by an adult, based on sufficient

proof of the defendant's intent or recklessness as required by

the Supreme Court's case law; and, if so, (2) whether it would

be reasonable in the particular youth sports setting to expect a

minor of the same age and characteristics as defendant to

refrain from the injurious physical contact.

For the reasons we explain in this opinion, the record in

this case reflects that, at the very least, the second query

must be answered here in the negative. Summary judgment was

therefore appropriately granted to the defendant minor.

I.

The facts presented to us are not complicated. We derive

them substantially from the deposition testimony of plaintiff

3 A-2771-13T3 C.J.R.,1 his parents, and his team's coach.2 We consider those

facts in a light most favorable to plaintiffs. Brill v. Guardian

Life Ins. Co. of Am., 142 N.J. 520, 540 (1995); see also W.J.A.

v. D.A., 210 N.J. 229, 237 (2012) (applying the same standard on

appeal of a summary judgment order).

In 2011, C.J.R. and defendant G.A. were each enrolled by

their respective parents in a recreational lacrosse league. At

the time of the game incident in question, C.J.R. was twelve

years old and G.A. was eleven years old. G.A. was five feet

tall and weighed seventy-six pounds. C.J.R. was two to four

inches taller and about fourteen pounds heavier than G.A.

Based on their relative skill levels, C.J.R. and G.A. were

assigned to the league's "5/6 combination" division, which was a

level composed of youths who were not assigned to either the

sixth grade "A" teams or the fifth grade "A" teams. As C.J.R.'s

coach Brian Bennett explained in his testimony, the "5/6

combination" level essentially involved what is commonly known

as a "B" team level, meaning that the skill sets of the players

1 We have elected to use initials for the plaintiff minor ("C.J.R.") and the defendant minor ("G.A."). The record does not provide a middle initial for G.A. 2 No depositions were taken of any other parties or witnesses, including the defendant minor, the defendant minor's parents, the opposing coach, the referees, or any spectators.

4 A-2771-13T3 in that division generally were not as advanced as those who

were on the "A" teams. C.J.R. played for the Medford team and

G.A. played for the Marlton team.

The physical contact between G.A. and C.J.R. occurred near

the end of a game on May 7, 2011. The Medford team was in the

lead.3 C.J.R. received the ball at midfield with less than twenty

seconds left on the game clock. As described by Coach Bennett,

C.J.R. began running towards the sideline. According to

Bennett, C.J.R. was trying to keep possession of the ball and

maintain the lead until time expired.

As described by C.J.R.'s mother,4 who had been watching from

the sidelines, G.A. was running "full force" diagonally across

the field towards C.J.R. As she phrased it, G.A. was also

"roaring" unintelligibly. She observed that G.A. had his head

"tucked down," with his arms at his side. C.J.R.'s mother did

not see the moment of the ensuing collision of the two boys

3 At the motion argument in the trial court counsel for both parties agreed that the score was then 5-4, consistent with defendant's interrogatory answers. C.J.R.'s mother vaguely asserted at her deposition that C.J.R.'s team was "up by several points," but that is not corroborated or substantiated. 4 C.J.R.'s father did not attend the game.

5 A-2771-13T3 because she had averted her attention to pick up some empty cups

on the sideline.5

Coach Bennett also observed G.A. approach C.J.R. According

to Bennett, G.A. "left his feet" and "hit [C.J.R.] with either

his helmet or his stick right across the midsection." As Bennett

recalled it, G.A. had both hands on his stick. Bennett observed

that G.A. simultaneously hit not only the back6 of C.J.R.'s torso

but also C.J.R.'s left arm, because C.J.R. had been "rocking his

stick" and "twisting."

According to Bennett, upon impact, C.J.R. left his feet and

immediately went to the ground. G.A. "bounced off" C.J.R. and

also went to the ground. C.J.R. then got back up and began to

take off his gloves to "see how [his] arm was, [discovering] it

was broken." C.J.R. was conscious the entire time.

Up until that point in the game, C.J.R. had no interactions

with G.A. that he could remember. Indeed, according to C.J.R.,

he had no idea who G.A. was prior to their collision. He could

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