 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Mohr v. St. Paul Fire & Marine Ins. Co.12/18/2003
. Michael Mohr was injured while practicing a racing start from a starting platform at the shallow end of his high school's swimming pool. He appeals the summary judgment in favor of the manufacturer of the platform, KDI Paragon, Inc., and the Wisconsin Interscholastic Athletic Association (WIAA). He contends there are disputed issues of fact on his negligence and strict product liability claims against KDI and on his negligence claim against the WIAA and he is therefore entitled to a jury trial.
. We conclude there are disputed issues of fact on Mohr's negligence and strict product liability claims against KDI, as well as on his negligence claim against the WIAA. We also conclude the trial court erred in granting summary judgment in the WIAA's favor on public policy grounds. We therefore reverse and remand for a trial on these claims.
BACKGROUND
. Certain of the background facts are not disputed. At the time of the accident in February 1997, Mohr was on the Sheboygan North High School varsity swim team. The shallow end of the pool is three-and-one-half feet deep and there are six starting platforms at that end, all purchased in 1991 and manufactured by KDI. The platforms are eighteen inches high. At the time of the purchase of the platforms, they contained a label stating: "FOR USE BY TRAINED COMPETITIVE SWIMMERS ONLY. EXECUTE SHALLOW RACING DIVES ONLY. IMPACT WITH POOL BOTTOM CAN CAUSE SERIOUS INJURY." Mohr had used the starting platforms on many occasions. When the accident occurred, he was warming up prior to his team's supervised practice. He had taken one dive off a platform into the pool and dove again, apparently striking his head on the pool bottom.
. At the time of the accident, a rule promulgated by the National Federation of State High School Associations (Federation), Rule 2-7-2, provided as follows:
SECTION 7 Equipment for Swimming Events
ART. 2. Starting Platforms.
Water Depth MAXIMUM Height of at Starting End Platforms/Deck
Above Water Surface
4' or more 30"
3 1/2 - 4' 18" or Start from deck/in water
Less than 3 1/2' Start in water
The Federation is an association of state athletic associations, including the WIAA. The Federation formulates and publishes rules governing competition (playing rules) in interscholastic sports, including swimming and diving. The Federation promulgated the current Rule 2-7-2 in 1991 after learning of serious injuries to swimmers using starting platforms in shallow water. The 1996-97 Federation rule book, like prior Federation rule books, included this "Point of Emphasis":
Water Depth in Starting End: Issues of participant safety have been a primary issue of concern. Over the years water depth and starting platform height have been subjects of review and discussion.
The risk of injury however, is an inherent aspect of "dives" into a pool. Supervisory personnel should direct swimmers on how and when to enter the water in a safe and prudent manner.
Before 1991 the applicable Federation rule had permitted thirty-inch starting platforms for pools with water depths of 3.5 feet or less.
. The WIAA is a voluntary association of Wisconsin high schools that coordinates and promotes interscholastic athletic competition among Wisconsin schools. The WIAA is not required by the Federation to adopt the Federation's playing rules, but the WIAA's general policy is to do so for all sports. In 1996-97, the WIAA adopted Rule 2-7-2. It did not make recommendations to any school district or participant on which option to choose of those specified in the rule.
<
Page 1 2 3 4 5 6 7 8 9 10 11 12 Wisconsin Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|