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COLE v. BOY SCOUTS OF AMERICA

No. 27072.

397 S.C. 247 (2011)

725 S.E.2d 476

Karen COLE, as Guardian ad litem for David C., Appellant, v. BOY SCOUTS OF AMERICA, Indian Waters Council, Pack 48, Faith Presbyterian Church and Jeff Wagner, Defendants, Of whom Jeff Wagner is, Respondent. David Cole and Karen Cole, Appellants v. Boy Scouts of America, Indian Waters Council, Pack 48, Faith Presbyterian Church and Jeff Wagner, Defendants, Of whom Jeff Wagner is, Respondent.

Supreme Court of South Carolina.

Decided December 5, 2011.

Rehearing Denied January 11, 2012.

Attorney(s) appearing for the Case

Arthur K. Aiken , of Aiken & Hightower, P.A., of Columbia, for Appellants.

John M. Grantland , Alice P. Adams , and Ashley B. Stratton , of Murphy & Grantland, of Columbia, for Respondent.

Justice HEARN:

David Cole, the primary appellant, was injured while catching during a father-son game of softball at a Cub Scout outing when a baserunner collided with him at home plate. He brought this action alleging negligence and recklessness against the baserunner and the sponsors of the game. The circuit court judge granted summary judgment to the baserunner, and we affirm.

FACTUAL/PROCEDURAL BACKGROUND

In March 2004, David Cole and his son...

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