Riddle v. Universal Sport Camp
Court of Appeals of Kansas
786 P.2d 641 (1990)
Theresa Riddle (plaintiff), a Kansas State cheerleader attending her second cheerleading camp run by Universal Sport Camp (defendant), signed a release acknowledging the risk of injury. During a stunt, she fell fifteen feet, injuring her face and back; camp staff suspected a hyperextended back but didn't recommend she see a doctor, so she kept participating despite pain and spasms. Three days later a physician diagnosed a fractured vertebra, requiring injections, medication, and physical therapy. Riddle sued for negligence; the trial court, applying Tennessee law and upholding the camp's liability waiver, granted summary judgment to the camp.
Whether secondary assumption of risk bars a plaintiff's negligence claim when she voluntarily encountered a known or obvious risk.