PFISTER v. SHUSTA

No. 76912.

657 N.E.2d 1013 (1995)

167 Ill.2d 417

212 Ill.Dec. 668

Sean PFISTER, Appellee, v. Terry SHUSTA, Appellant.

Supreme Court of Illinois.

October 26, 1995.


Attorney(s) appearing for the Case

Dawn L. Wall and Robert W. Neirynck, Costigan & Wollrab P.C., Bloomington, for appellant.

Mike McElvain, Bloomington, for appellee.

James W. Fessler, Michael Resis and Glen E. Amundsen, Querrey & Harrow, Ltd., Chicago, for amicus curiae Illinois Association Defense.


Justice McMORROW delivered the opinion of the court:

This appeal presents the question of whether the contact sports exception to liability premised on negligence applies to injuries caused when two college students spontaneously began to kick a crushed soda can in the lobby of a college dormitory. Under the contact sports exception, participants in contact sports may be held liable for injuries to co-participants caused by willful and wanton or intentional misconduct...

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