DICKSON, Justice.
Plaintiff-appellee Carol Wiegand initiated this negligence action against defendants-appellants Rick Clark, Indiana State University, and the Indiana State University Board of Trustees (collectively "ISU") for knee injuries sustained when a fellow student in her college judo 1 class threw her to the mat. The ensuing jury trial resulted in a $50,000 verdict for the plaintiff. ISU appealed the trial court's denial of its two motions for judgment on the evidence. In an unpublished memorandum decision, the Court of Appeals reversed the trial court and ordered the entry of judgment on the evidence in favor of ISU, 606 N.E.2d 895.
The plaintiff's petition for transfer argues in part that the Court of Appeals misstated the record 2 and erroneously re[918] weighed and considered the evidence favorable to the appellant. We agree and grant transfer.
On appeal, the defendants contend that the trial court erred in denying their motions for judgment on the evidence and assert that the undisputed facts produce the single inference that the plaintiff incurred the risk of her injury as a matter of law. The plaintiff responds that the evidence was in conflict and that, when properly viewed as favorable to her, supports the judgment of the trial court.
Motions for judgment on the evidence are authorized by Indiana Trial Rule 50(A), which provides in relevant part:
Where all or some of the issues in a case tried before a jury or an advisory jury are not supported by sufficient evidence or a verdict thereon is clearly erroneous as contrary to the evidence because the evidence is insufficient to support it, the court shall withdraw such issues from the jury and enter judgment thereon or shall enter judgment thereon notwith standing a verdict.
In reviewing a trial court's ruling on a motion for judgment on the evidence, the appellate court must consider only the evidence and reasonable inferences most favorable to the non-moving party. Sipes v. Osmose Wood Preserving Co. (1989), Ind., 546 N.E.2d 1223, 1224; Jones v. Gleim (1984), Ind., 468 N.E.2d 205, 206. If there is any probative evidence or reasonable inferences that would allow reasonable persons to differ, then judgment on the evidence is improper. Wilson v. Redinbo (1988), Ind., 519 N.E.2d 568, 569; Jones, 468 N.E.2d at 207.
Urging that incurred risk was conclusively established, the defendants emphasize evidence that the plaintiff had experienced judo class injuries prior to the incident at issue in this action. The plaintiff argues that these prior occasions consisted solely of "a couple" of times when she had the wind knocked out of her, and that although she understood and appreciated the risk of having the wind knocked out of her, she did not understand and appreciate the risk of suffering a serious knee injury.
The doctrine of incurred risk consists of the following components:
It involves a mental state of venturousness on the part of the actor, and demands a subjective analysis into the actor's actual knowledge and voluntary acceptance of the risk. By definition ... the very essence of incurred risk is the conscious, deliberate and intentional embarkation upon the course of conduct with knowledge of the cireumstances. It requires much more than the general awareness of a potential for mishap. Incurred risk contemplates acceptance of a specific risk of which the plaintiff has actual knowledge.
Beckett v. Clinton Prairie Sch. Corp. (1987), Ind., 504 N.E.2d 552, 554, quoting Power v. Brodie (1984), Ind.App., 460 N.E.2d 1241, 1243 (emphasis in original, citations omitted). It is not enough that a plaintiff have merely a general awareness of a potential for mishap, but rather, the defense of incurred risk demands a subjective analysis focusing upon the plaintiff's actual knowledge and appreciation of the specific risk and voluntary acceptance of that risk. Get-N-Go, Inc., v. Markins (1989), Ind., 544 N.E.2d 484, 486, aff'd on reh'g (1990), Ind., 550 N.E.2d 748.
Applying our standard of review, the facts favorable to the plaintiff as the non-moving party show that in 1987 she was a student at Indiana State University pursuing a degree in fitness management and had enrolled in a judo course. At the beginning of each class period, the instructor, Clark, explained and demonstrated various judo throws and techniques. The students were then instructed to practice with each other while Clark supervised. Although Clark would sometimes pair students at the [919] beginning of class period, he told the class to switch partners and practice with other class members. During one class in November, the plaintiff had the wind knocked out of her after a classmate, Tim Jordan, threw her while practicing a technique. The plaintiff testified that Jordan, a 260-pound member of the university football team, was "very aggressive" in practice. Record at 400-01. He had knocked the wind out of her during judo class more than once. Following the November incident, the plaintiff spoke to Clark after class, mentioning that she "was afraid" of Jordan. Clark responded that she "would have to learn how to deal with it." Record at 398-99. During class on December 2, 1987, Jordan, attempting to apply a newly-taught technique, threw the plaintiff, resulting in a disabling injury to the central ligament of her left knee. The plaintiff testified that by December, 1987, she was aware of the possibility that she could have the wind knocked out of her in judo class but that it had not occurred to her that she could have a serious injury. Record at 447-48, 456.
Citing Forrest v. Gilley (1991), Ind.App., 570 N.E.2d 934, and Mauller v. City of Columbus (1990), Ind.App., 552 N.E.2d 500, ISU contends that the plaintiff's experiences of getting the wind knocked out of her constitute conclusive proof that she understood and appreciated the risk of injury and thus incurred the risk of ISU's negligent supervision as a matter of law. In Forrest, the Court of Appeals reversed the denial of summary judgment and found incurred risk as a matter of law. It concluded that the plaintiff's prior fall from a horse provided conclusive proof that she "understood and appreciated that she could fall and be injured." Forrest, 570 N.E.2d at 9386. In Mauwller, a grant of summary judgment was upheld because the uncon-tradicted evidence established that the plaintiff voluntarily accepted the general risk of injury from sliding into home plate when displaced dirt created a depression near the plate.
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DICKSON, Justice.
Plaintiff-appellee Carol Wiegand initiated this negligence action against defendants-appellants Rick Clark, Indiana State University, and the Indiana State University Board of Trustees (collectively "ISU") for knee injuries sustained when a fellow student in her college judo 1 class threw her to the mat. The ensuing jury trial resulted in a $50,000 verdict for the plaintiff. ISU appealed the trial court's denial of its two motions for judgment on the evidence. In an unpublished memorandum decision, the Court of Appeals reversed the trial court and ordered the entry of judgment on the evidence in favor of ISU, 606 N.E.2d 895.
The plaintiff's petition for transfer argues in part that the Court of Appeals misstated the record 2 and erroneously re[918] weighed and considered the evidence favorable to the appellant. We agree and grant transfer.
On appeal, the defendants contend that the trial court erred in denying their motions for judgment on the evidence and assert that the undisputed facts produce the single inference that the plaintiff incurred the risk of her injury as a matter of law. The plaintiff responds that the evidence was in conflict and that, when properly viewed as favorable to her, supports the judgment of the trial court.
Motions for judgment on the evidence are authorized by Indiana Trial Rule 50(A), which provides in relevant part:
Where all or some of the issues in a case tried before a jury or an advisory jury are not supported by sufficient evidence or a verdict thereon is clearly erroneous as contrary to the evidence because the evidence is insufficient to support it, the court shall withdraw such issues from the jury and enter judgment thereon or shall enter judgment thereon notwith standing a verdict.
In reviewing a trial court's ruling on a motion for judgment on the evidence, the appellate court must consider only the evidence and reasonable inferences most favorable to the non-moving party. Sipes v. Osmose Wood Preserving Co. (1989), Ind., 546 N.E.2d 1223, 1224; Jones v. Gleim (1984), Ind., 468 N.E.2d 205, 206. If there is any probative evidence or reasonable inferences that would allow reasonable persons to differ, then judgment on the evidence is improper. Wilson v. Redinbo (1988), Ind., 519 N.E.2d 568, 569; Jones, 468 N.E.2d at 207.
Urging that incurred risk was conclusively established, the defendants emphasize evidence that the plaintiff had experienced judo class injuries prior to the incident at issue in this action. The plaintiff argues that these prior occasions consisted solely of "a couple" of times when she had the wind knocked out of her, and that although she understood and appreciated the risk of having the wind knocked out of her, she did not understand and appreciate the risk of suffering a serious knee injury.
The doctrine of incurred risk consists of the following components:
It involves a mental state of venturousness on the part of the actor, and demands a subjective analysis into the actor's actual knowledge and voluntary acceptance of the risk. By definition ... the very essence of incurred risk is the conscious, deliberate and intentional embarkation upon the course of conduct with knowledge of the cireumstances. It requires much more than the general awareness of a potential for mishap. Incurred risk contemplates acceptance of a specific risk of which the plaintiff has actual knowledge.
Beckett v. Clinton Prairie Sch. Corp. (1987), Ind., 504 N.E.2d 552, 554, quoting Power v. Brodie (1984), Ind.App., 460 N.E.2d 1241, 1243 (emphasis in original, citations omitted). It is not enough that a plaintiff have merely a general awareness of a potential for mishap, but rather, the defense of incurred risk demands a subjective analysis focusing upon the plaintiff's actual knowledge and appreciation of the specific risk and voluntary acceptance of that risk. Get-N-Go, Inc., v. Markins (1989), Ind., 544 N.E.2d 484, 486, aff'd on reh'g (1990), Ind., 550 N.E.2d 748.
Applying our standard of review, the facts favorable to the plaintiff as the non-moving party show that in 1987 she was a student at Indiana State University pursuing a degree in fitness management and had enrolled in a judo course. At the beginning of each class period, the instructor, Clark, explained and demonstrated various judo throws and techniques. The students were then instructed to practice with each other while Clark supervised. Although Clark would sometimes pair students at the [919] beginning of class period, he told the class to switch partners and practice with other class members. During one class in November, the plaintiff had the wind knocked out of her after a classmate, Tim Jordan, threw her while practicing a technique. The plaintiff testified that Jordan, a 260-pound member of the university football team, was "very aggressive" in practice. Record at 400-01. He had knocked the wind out of her during judo class more than once. Following the November incident, the plaintiff spoke to Clark after class, mentioning that she "was afraid" of Jordan. Clark responded that she "would have to learn how to deal with it." Record at 398-99. During class on December 2, 1987, Jordan, attempting to apply a newly-taught technique, threw the plaintiff, resulting in a disabling injury to the central ligament of her left knee. The plaintiff testified that by December, 1987, she was aware of the possibility that she could have the wind knocked out of her in judo class but that it had not occurred to her that she could have a serious injury. Record at 447-48, 456.
Citing Forrest v. Gilley (1991), Ind.App., 570 N.E.2d 934, and Mauller v. City of Columbus (1990), Ind.App., 552 N.E.2d 500, ISU contends that the plaintiff's experiences of getting the wind knocked out of her constitute conclusive proof that she understood and appreciated the risk of injury and thus incurred the risk of ISU's negligent supervision as a matter of law. In Forrest, the Court of Appeals reversed the denial of summary judgment and found incurred risk as a matter of law. It concluded that the plaintiff's prior fall from a horse provided conclusive proof that she "understood and appreciated that she could fall and be injured." Forrest, 570 N.E.2d at 9386. In Mauwller, a grant of summary judgment was upheld because the uncon-tradicted evidence established that the plaintiff voluntarily accepted the general risk of injury from sliding into home plate when displaced dirt created a depression near the plate.
ISU also contends that the plaintiff's incurred risk is established from discussions between Clark and the plaintiff at the beginning of the semester regarding risks associated with preexisting injuries. As to whether such warnings or statements occurred, however, there is conflicting evidence.
As instructed by Get-N-Go, 544 N.E.2d at 486, and Beckett, 504 N.E.2d at 555, a general awareness of a potential for mishap is not enough to constitute incurred risk, and we must focus upon whether the plaintiff had actual knowledge, appreciation, and voluntary acceptance of the specific risk involved. ISU argues that the specific risk is that of any injury, regardless of severity, from being thrown in judo class. The present facts are distinguishable from those in Forrest and Mauller. In Forrest, an intoxicated person, inexperienced with horses, fell from a horse while riding bareback, remounted the horse, and fell again when the horse began running. The specific risk of falling from a horse necessarily embraces a considerable range of potentially severe injuries. The injuries in Mauller resulted when the cleats on the plaintiff's softball shoes caught under the edge of a protruding home plate causing a fracture and dislocation of her lower leg and ankle. Such injuries are clearly within the risk incurred.
In contrast, the specific risk of harm from the classroom practice of a judo technique upon which instruction had been given does not include a comparable prospect of severe or specific injury. Whether under these circumstances a knee ligament injury was within the plaintiff's actual knowledge, appreciation, and voluntary acceptance is a factual matter not easily susceptible to determination as a matter of law. In addition, the evidence presents the issue of voluntariness in view of the plaintiff's enrollment in the college judo course for credit toward graduation and her class instructor's directions to "learn how to deal with" Tim Jordan as a practice partner. As to the questions of the identification of the specific risk incurred and the voluntariness of its acceptance, there is probative evidence and inferences that would allow reasonable persons to differ.
[920] Considering only the evidence and reasonable inferences most favorable to the non-moving party, as we must, we decline to reverse the decisions of the trial court denying the defendants' motions for judgment on the evidence.
Transfer is granted. The judgment of the trial court is affirmed.
DeBRULER, GIVAN and KRAHULIK, JJ., concur.
SHEPARD, C.J., dissents in separate opinion.