Cole v. Boy Scouts of America

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that “[a]bsent a legally recognized duty, the defendant in a negligence action is entitled to a judgment as matter of law”
• holding that under the doctrine of primary implied assumption of the risk, the defendant did not owe a duty to the plaintiff who was injured while playing recreation league softball
• applying assumption of risk and granting summary judgment regarding injury in softball game in action brought against baserunner and sponsors of the game
• \Primary implied assumption of risk arises when the plaintiff impliedly assumes those risks that are inherent in a particular activity.\ (internal quotation marks omitted)
• \The doctrine of primary implied assumption of risk goes to the initial determination of whether the defendant's legal duty encompasses the risk encountered by the plaintiff.\ (internal quotation marks omitted)
• \A motion for summary judgment on the basis of the absence of a duty is a question of law for the court to determine.\ (quoting Oblachinski v. Reynolds, 391 S.C. 557, 560, 706 S.E.2d 844, 845 (2011))

Source: CourtListener parenthetical corpus (CC0).