FELD v. BORKOWSKI

No. 07-1333.

790 N.W.2d 72 (2010)

Benjamin FELD, Larry Feld, and Judith Feld, Appellants, v. Luke BORKOWSKI, Appellee.

Supreme Court of Iowa.

October 22, 2010.


Attorney(s) appearing for the Case

Gregory J. Siemann of Green , Siemann & Greteman, P.L.C., Carroll, and Dan Connell of Dan Connell, P.C., Storm Lake, for appellants.

Joel T.S. Greer of Cartwright , Druker & Ryden, Marshalltown, for appellee.


CADY, Justice.

This appeal arises from an action by a participant in a softball practice against a coparticipant for head injuries suffered from a flying bat when the defendant released his bat while hitting a pitched ball. We primarily consider the application of the contact-sports exception and the sufficiency of evidence to support a finding of recklessness. The district court granted summary judgment for the defendant. We transferred the case to the court of appeals...

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