Court reverses and dismisses claim against parent-coach participating in softball practice
Emily French was badly hurt when she was struck in the face by a ball off the bat of a parent-coach, John MacArthur, during fielding practice. MacArthur had intended to hit a ball to the outfield, but instead struck a linedrive that hit French in the face on the pitching mound. The Court held that under the Richie-Gamester test established by the Engler majority, the parent-coach was guilty only of negligence and therefore immune from responsibilty for the injuries he caused: the child had waived any claim for "negligence" by reason of her participation in the recreational activity.