Recklessness is the standard in informal recreational torts, even if the complaint only reads negligence or carelessness.

The plaintiff appealed summary judgment from a claim of injury when sliding into third base at a junior varsity baseball game. The allegation was that the game was “negligently” supervised. The defendants countered on summary judgment that the heightened standard of recklessness applied. The court found that the plaintiff did not allege recklessness and that the duty of care owed to the participants in informal recreational sports was to avoid reckless or intentional conduct. While the Superior Court rejected counsel’s invitation to have the jury find recklessness if it found that a supervisor increased the risks above those inherent in the activity, it did permit rehearing on whether the plaintiff presented evidence in support of a notice of recklessness claim, based on the notice pleading of negligence and carelessness in the complaint. However, the court did not suggest the outcome of whether there was sufficient evidence of the defendant’s recklessness.

_{Case Law Alerts, 4^th Quarter, October 2018}

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