Rush, C.J.
Our decision in Pfenning v. Lineman, 947 N.E.2d 392 (Ind. 2011), established a limited new rule: Indiana courts do not referee disputes arising from ordinary sports activity. Instead, as a matter of law, when a sports participant injures someone while engaging in conduct ordinary in the sport—and without intent or recklessness—the participant does not breach a duty. Id. at 404. Today we clarify that under Pfenning ordinary conduct in the sport turns on the sport generally— not the specific activity.
Here, during a karate class drill, David Dunn jump-kicked a bag, injuring Tresa Megenity, who was holding the bag. Since jump kicks are ordinary in the sport of karate generally, and no evidence supports intent or recklessness, Megenity cannot show breach as a matter of law. We thus affirm summary judgment for Dunn.
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I. Looking to Karate Generally, and Not This Specific Drill, Dunn Breached No Duty as a Matter of Law Because Jump Kicks Are Ordinary in the Sport of Karate.
The parties agree that a sports participant breaches no duty as a matter of law by engaging in “ordinary conduct.” But they disagree on whether “ordinary” looks to the sport generally or the activity specifically. Dunn looks to karate generally and concludes the jump kick was ordinary. But Megenity looks to the kicking-the-bag drill specifically and concludes the jump kick was extraordinary. We agree with Dunn: ordinary behavior turns on the sport generally—and under this standard, jump kicks are indeed ordinary within the sport of karate.
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Today we clarify that, under the reasoning of Pfenning, ordinary behavior turns on the sport generally—not the specific activity. Again, the issue in Pfenning was whether hitting an errant golf drive without yelling “fore” was “ordinary behavior.” 947 N.E.2d at 404. In addressing that, Pfenning did not get stuck in the rough, scrutinizing the specifics of that shot—whether it was ordinary given the type of golf outing (a scramble, not the Masters), the particular course, the club used, or the weather conditions. Instead, it looked to “the sport” of golf overall—whether hitting inaccurate drives without yelling “fore” is “ordinary behavior of golfers.” Id. (emphasis added). The answer was “yes.” In golf, hitting errant shots without warning bystanders, though bad etiquette, is ordinary in the sport overall. Id. at 404–05.
And that broad, sport-centric focus makes sense. Generally speaking, sports are imprecise and physically intense. And when Hoosiers play sports—performing activities ordinary in that context—they should not fear that judges will later armchair-quarterback their every movement. After all, judges are more likely to have general sports knowledge than specific sports expertise. See id. at 403–04 (noting that the “general nature” of ordinary conduct in a sport is “usually commonly understood”). We need not, and should not, parse nuances of the exact angle of entry of a soccer player’s slide tackle, the exact timing of a football player’s late hit—or the sensei’s exact instructions for a karate student’s kick—to determine whether they were “ordinary” sports conduct.
Thus, adjusting our focus to the sport of karate overall, we conclude that Dunn’s jump kick was ordinary, even if it was contrary to protocol for the kicking-the-bag drill…
Here, even if we assume for purposes of summary judgment that the first element is satisfied—that Dunn jump-kicked intentionally—the second and third elements are missing. True, Dunn failed to keep one foot grounded during the kick; he used “extreme” force against a padded bag; and he later apologized, saying he “didn’t mean to jump.” But none of that shows he consciously disregarded his classmate’s safety. And without such conscious disregard, nothing took Dunn’s jump kick totally outside the range of ordinary behavior in karate overall. Certainly, Indiana strongly prefers trials, even when a plaintiff’s evidence is dubious. Hughley, 15 N.E.3d at 1004–05. Yet here, the evidence Megenity needs is not merely thin; it is absent.
We do note that different evidence might write a different story. Megenity might have had sufficient circumstantial evidence of conscious disregard if Dunn had directed his jump kick at her head instead of the padded bag. But Dunn’s errant kick, without more, is not reckless. Rather, it is part of the sport.
Conclusion
Like the wayward drive in Pfenning, Dunn’s jump kick may reflect poor technique or faulty execution. But it was ordinary conduct in the sport of karate generally, and no evidence shows intent or recklessness. We therefore find no breach as a matter of law and affirm summary judgment.
Rucker, David, Massa, and Slaughter, JJ., concur.