Swanson v. Wabash College

504 N.E.2d 327 (1987)

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Swanson v. Wabash College

Indiana Court of Appeals
504 N.E.2d 327 (1987)

Facts

Wabash College (defendant) practiced and played varsity baseball in the spring semester of the school year. Dan Taylor, a Wabash varsity player, organized unofficial fall baseball practices. Mike Deal, Wabash’s varsity coach, did not object to Taylor’s efforts but did not participate in them due to his other duties. Although Deal told Taylor that he was on his own as far as Deal and Wabash’s athletic department were concerned, Deal allowed Taylor to use some of the varsity team’s equipment. In addition, Wabash provided Taylor with money to buy baseballs for the fall practices. Taylor told students interested in participating in the practices that he would oversee them and would tell Deal about any players who performed well. Eric Swanson (plaintiff), a Wabash freshman, decided to participate in the fall practices. Unfortunately, Swanson was struck in the eye during a practice session. Swanson sued Wabash, arguing that (1) Wabash had a duty to supervise the fall practices and (2) Taylor was Wabash’s actual or implied agent. Wabash moved for summary judgment, which the trial court granted. Swanson appealed.

Rule of Law

Issue

Holding and Reasoning (Ratliff, C.J.)

Concurrence (Neal, J.)

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