Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wooten v. Caesars Riverboat Casino, LLC

Court of Appeals of Indiana

November 15, 2016

David D. Wooten, Appellant-Plaintiff,
v.
Caesars Riverboat Casino, LLC and Bernard J. Chamernik, Appellees-Plaintiffs.

         Appeal from the Harrison Superior Court, The Honorable Larry Medlock, Special Judge. Cause No. 31D01-1311-CT-39

          Attorneys for Appellant Karl N. Truman Marsha A. Dailey Jeffersonville, Indiana

          Attorneys for Appellee Rodney L. Scott Eric T. Eberwine Waters Tyler Hofmann & Scott, LLC New Albany, Indiana

          Riley, Judge.

         STATEMENT OF THE CASE

         [¶1] Appellant-Plaintiff, David D. Wooten (Wooten), appeals the trial court's summary judgment in favor of Appellee-Defendant, [1] Bernard J. Chamernik (Chamernik), which concluded, as a matter of law, that Chamernik's actions fell within the range of ordinary behavior of participants in the sport of golf.

         [¶2] We affirm.

         ISSUE

         [¶3] Wooten raises two issues on appeal, which we consolidate and restate as: Whether the trial court properly concluded that Chamernik's conduct of driving the golf cart during a golf scramble fell within the ordinary range of behavior of participants in golf, as interpreted by our supreme court in Pfenning v. Lineman, 947 N.E.2d 392 (Ind. 2011).

         FACTS AND PROCEDURAL HISTORY

         [¶4] This case stems from an incident that occurred between two participants at a VIP golf scramble at Chariot Run Golf Course, in Harrison County, Indiana. On August 19, 2012, Wooten and Chamernik were invited to participate in a golf tournament sponsored by Caesars Riverboat Casino (Caesars) at its golf course, Chariot Run Golf Course (Chariot Run). According to the event rules, the golf scramble consisted of teams of four golfers, with the team playing the best ball for each shot. Caesars paired Wooten, Chamernik, James Malles (Malles), and James North (North), none of whom knew each other, as partners for the scramble. Wooten was the only one who had previously played at Chariot Run and who was familiar with its layout. Caesars provided all teams with golf carts-Wooten and Malles rode in one golf cart and Chamernik and North rode in a second golf cart behind them. Although Chariot Run features paved asphalt paths for the golf carts, participants were allowed to "drive the carts on the fairway" and to pull the "cart up close to where [the] ball was and hit it." (Appellant's App. p. 71).

         [¶5] Wooten's team started the scramble at the twelfth hole. The fourteenth hole was a blind shot from the tee, after which Malles and Wooten rode ahead in their cart on the cart path. Chamernik followed behind, while looking for his ball on the fairway. Malles stopped the golf cart on the path near the green on the downward slope of a hill. Wooten was "leaning up to get out of the cart" when it was hit from behind by Chamernik "at a low rate of speed." (Appellant's App. pp. 76, 141). The impact of the collision "threw [Wooten] backwards, " but he did not leave his seat and was not otherwise thrown out of the golf cart. (Appellant's App. p. 83). Wooten's neck "snapped backwards" and started "bothering" him, and his ears started ringing. (Appellant's App. p. 84). Wooten "sat in the cart for several minutes." (Appellant's App. p. 84). He took some over the counter pain reliever and continued to play. There was no damage to either golf cart as a result of the incident.

         [¶6] After completing the play on the eighteenth hole, Malles drove Wooten to the clubhouse where Wooten informed course attendants about the accident. Malles and Wooten did not enter the clubhouse but instead waited in their golf cart for the arrival of the EMTs, while parked under a canopy outside. By this time, Wooten was also experiencing blurred vision. After examining Wooten, the EMTs diagnosed him with whiplash and cleared him to play without any further treatment. Wooten participated in the remainder of the tournament, with his team winning first place. Because of continuing pain, Wooten checked himself into the hospital on August 24, 2012, where he was diagnosed with a neck sprain and strain.

         [¶7] On November 20, 2013, Wooten filed his Complaint sounding in negligence against Caesars, Chamernik, and Malles. Malles was subsequently dismissed from the cause on February 24, 2016, and Wooten settled with Caesars. On February 26, 2016, Chamernik filed his motion for summary judgment, memorandum in support thereof, and designation of evidence. Wooten filed a reply on March 14, 2016. On April 1, 2016, the trial ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.