Draper v. Trace Creek Girls' Softball, Inc.

571 S.W.3d 103
CourtCourt of Appeals of Kentucky
DecidedDecember 14, 2018
DocketNO. 2017-CA-001484-MR; NO. 2017-CA-001485-MR
StatusPublished

This text of 571 S.W.3d 103 (Draper v. Trace Creek Girls' Softball, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Draper v. Trace Creek Girls' Softball, Inc., 571 S.W.3d 103 (Ky. Ct. App. 2018).

Opinions

GOODWINE, JUDGE:

Breanna Draper appeals grants of summary judgment to both the City of Campbellsville and Trace Creek Girls' Softball, Inc., on the basis that each entity is immune from liability under the "recreational purpose" provision of Kentucky Revised Statute ("KRS") 411.190. Having reviewed the record in light of applicable legal authority, we affirm the judgments of the Taylor Circuit Court.

BACKGROUND

While playing softball for a team associated with Trace Creek Girls' Softball, Inc., on a field owned by the City of Campbellsville, appellant Breanna Draper1 fractured her ankle sliding into second base. Breanna sued both the City and Trace Creek league alleging that she sustained the injury because fixed rather than break-away bases had been used on the playing field.

Appellee Trace Creek operates a girls' recreational softball league and organizes games which are held on the softball fields of city-owned Trace Creek Park. To participate in the league, each participant must pay a fee of $55.00 to Trace Creek league which it uses to pay for umpires, softballs, scoreboards, catcher's equipment, and game-related expenses. Trace Creek league is responsible for dragging the field prior to each league game, laying the chalk lines on the infields, purchasing equipment, and generally maintaining the fields. The City is responsible for mowing the grass, weed control, changing light bulbs, repairing the concession stand building, and bringing in dirt for the infield.

The City provides the land for recreational use to the public at large and allowed the Trace Creek league to play on the fields as well. There is no fee for entry, *105admission, or parking at the Trace Creek Park regardless of who is using the park. In response to Breanna's suit, both the Trace Creek league and the City filed motions for summary judgment, citing the provisions of KRS 411.190 as affording them immunity from liability. KRS 411.190(1)(c), (3) and (6)(b) provide immunity to the owner of land if it is used for a recreational purpose, provided that no fee or admission price is asked in return for permission to use the land. In separate opinions entered on August 25, 2017, circuit court granted summary judgment to both the City and Trace Creek league.

Because these appeals involve identical facts and issues, in the interest of judicial economy we have elected to address the issues presented by both parties in a single opinion.

STANDARD OF REVIEW

Because summary judgment involves no fact finding, we review alleged error in its entry de novo. "[T]he standard 'is whether the trial court correctly found that there were no genuine issues as to any material fact and that the moving party was entitled to judgment as a matter of law.' " Bryant v. Jefferson Mall Co., L.P. , 486 S.W.3d 310, 312 (Ky. App. 2015) (quoting Scifres v. Kraft , 916 S.W.2d 779, 781 (Ky. App. 1996) ). We review the record "in a light most favorable to the nonmoving party and resolve all doubts in her favor." Id. (citing Steelvest, Inc. v. Scansteel Serv. Ctr., Inc. , 807 S.W.2d 476, 480 (Ky. 1991) ). Because only legal questions and no issues of material fact are involved, we need not defer to the trial court's decision. Id. (citing Lewis v. B & R Corp. , 56 S.W.3d 432, 436 (Ky. App. 2011) ).

ANALYSIS

Distilling Breanna's arguments to their essence, the central focus of this appeal is whether KRS 411.190 is applicable to these facts. We commence our analysis by citing the definitions sections of the statute:

(1) As used in this section:
(a) "Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty;
(b) "Owner" means the possessor of a fee, reversionary, or easement interest, a tenant, lessee, occupant, or person in control of the premises;
(c) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, bicycling, horseback riding, pleasure driving, nature study, water-skiing, winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites; and
(d) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land but does not include fees for general use permits issued by a government agency for access to public lands if the permits are valid for a period of not less than thirty (30) days.

As an initial matter, we note that both the City and Trace Creek league fall under the definition of "owner" set out in KRS 411.190(1)(b). Although it is virtually self-evident that the City as owner of Trace Creek Park fits the statutory definition, we deem it important to note, as the circuit court specifically found, that Trace Creek league also fits within the statutory definition of "owner" as an "occupant ... in control of the premises[.]" See Midwestern, Inc. v. Northern Kentucky Community Center , 736 S.W.2d 348 (Ky. App. 1987)

*106(holding that, along with city which owned property, center hired to manage day-to-day operations was entitled to protections of recreational use statute as one in control of premises).

Turning next to Breanna's contention that neither the City nor the league can avail themselves of the statutory protection because the league's activities do not fall within the statutory definition of "recreational purpose[,]" we agree with the circuit court's conclusion to the contrary.

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Related

Lewis v. B & R CORPORATION
56 S.W.3d 432 (Court of Appeals of Kentucky, 2001)
Midwestern, Inc. v. Northern Kentucky Community Center
736 S.W.2d 348 (Court of Appeals of Kentucky, 1987)
Steelvest, Inc. v. Scansteel Service Center, Inc.
807 S.W.2d 476 (Kentucky Supreme Court, 1991)
Scifres v. Kraft
916 S.W.2d 779 (Court of Appeals of Kentucky, 1996)
Coursey v. Westvaco Corp.
790 S.W.2d 229 (Kentucky Supreme Court, 1990)
Roach v. Hedges
419 S.W.3d 46 (Court of Appeals of Kentucky, 2013)
Bryant v. Jefferson Mall Co.
486 S.W.3d 310 (Court of Appeals of Kentucky, 2015)

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Bluebook (online)
571 S.W.3d 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/draper-v-trace-creek-girls-softball-inc-kyctapp-2018.