Draper v. Trace Creek Girls' Softball, Inc.
571 S.W.3d 103 (2018)
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Rule of Law:
Under Kentucky's recreational use statute, a landowner and an occupant in control of the premises are immune from liability for injuries sustained during recreational activities, including organized team sports, as long as no fee is charged for permission to enter the land. A participation fee paid to a league for equipment and game expenses does not constitute a statutory 'charge' for entry that would negate this immunity.
Facts:
- The City of Campbellsville owns Trace Creek Park, which has softball fields open to the public at no charge.
- Trace Creek Girls' Softball, Inc. operates a recreational softball league and uses the fields at Trace Creek Park for its games.
- Breanna Draper played for a team in the Trace Creek league.
- To participate in the league, Draper paid a $55.00 fee to Trace Creek, which the league used for expenses such as umpires, equipment, and scoreboards.
- The City of Campbellsville did not charge an entry, admission, or parking fee for anyone to use the park, and Trace Creek did not pay the City for its use of the fields.
- During a league game, Breanna Draper fractured her ankle while sliding into a fixed second base.
Procedural Posture:
- Breanna Draper sued the City of Campbellsville and Trace Creek Girls' Softball, Inc. in the Taylor Circuit Court (trial court) for negligence.
- Both the City and Trace Creek filed motions for summary judgment, arguing they were immune from liability under KRS 411.190.
- The Taylor Circuit Court granted summary judgment in favor of both the City and Trace Creek.
- Breanna Draper, as appellant, appealed the trial court's grants of summary judgment to the Kentucky Court of Appeals.
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Issue:
Does Kentucky's recreational use statute, KRS 411.190, provide immunity from a negligence lawsuit to a city that owns a park and a softball league that uses the park, when a player is injured during a game after paying a participation fee to the league?
Opinions:
Majority - Judge Goodwine
Yes, the recreational use statute provides immunity to both the City and the league. The court reasoned that both the City, as the fee simple owner, and the Trace Creek league, as an 'occupant... in control of the premises,' qualify as 'owners' under the statute. The court determined that organized softball falls within the statute's broad definition of 'recreational purpose,' noting the statutory list of activities is illustrative, not exhaustive. Finally, the $55 participation fee paid by Draper was not a 'charge' for permission to enter the land, but rather a fee to cover league-related expenses, meaning the statutory exception to immunity for charging an entry fee does not apply.
Concurring - Judge Maze
Yes, the concurring opinion agrees fully with the majority but writes separately to emphasize that the Trace Creek league qualifies as an 'owner' under KRS 411.190. The league's responsibility for maintaining the fields during games, dragging the infield, and providing equipment demonstrates it had sufficient 'control of the premises' to be afforded the statute's protection. This broad interpretation of 'owner' is consistent with the legislative intent to immunize those who would otherwise be liable for making property available for recreation.
Analysis:
This decision clarifies and expands the scope of Kentucky's recreational use statute by explicitly including organized team sports within the definition of 'recreational purpose.' It establishes that non-owner entities, like sports leagues, can claim immunity as an 'owner' if they exercise sufficient control over the premises. The case creates a critical distinction between a participation fee for an activity (which does not defeat immunity) and a fee for entry to the land (which does), thereby strengthening legal protections for municipalities and volunteer organizations that facilitate public recreation.
