Tort Law

Wis. Supreme Court Finds Cheerleading is a Contact Sport, Tosses Injury Suit

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An injured cheerleader won’t be able to sue her school district and another member of her squad as a result of a ruling today by the Wisconsin Supreme Court.

The court ruled that cheerleading qualifies as a contact sport under a state statute that provides immunity for athletic participants—in this case, the fellow cheerleader, according to the Legal Profession Blog. The court also found the school was not liable because it had not violated a ministerial duty that would exempt it from immunity.

The suit by varsity basketball cheerleader Brittany Noffke contended she was injured in 2004 while practicing a cheerleading stunt without any mats before a game, according to the opinion. Noffke, a “flyer” who stood on the shoulders of another, fell backward and hit her head on the tile floor.

Noffke sued a squad member, alleging he failed to spot her and prevent the fall, and the school district that included Holmen High School.

The Wall Street Journal Law Blog covered an appeals court ruling in the case last year.

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