BREANNA R. DRAPER APPELLANT
TRACE CREEK GIRLS' SOFTBALL, INC. APPELLEE AND BREANNA R. DRAPER APPELLANT
CITY OF CAMPBELLSVILLE, KENTUCKY APPELLEE
FROM TAYLOR CIRCUIT COURT HONORABLE ALLAN RAY BERTRAM, JUDGE
ACTION NO. 15-CI-00108
FOR APPELLANT: Joseph H. Mattingly, III Kaelin G. Reed Elmer
J. George Dallas E. George Lebanon, Kentucky.
FOR APPELLEE TRACE CREEK GIRLS' SOFTBALL, INC.: Ashley K.
Brown Graham D. Barth Lexington, Kentucky.
FOR APPELLEE CITY OF CAMPBELLSVILLE: Jason Bell
BEFORE: GOODWINE, MAZE, AND NICKELL, JUDGES.
Draper appeals grants of summary judgment to both the City of
Campbellsville and Trace Creek Girls' Softball, Inc., on
the basis that each entity is immune from liability under the
"recreational purpose" provision of Kentucky
Revised Statute ("KRS") 411.190. Having reviewed
the record in light of applicable legal authority, we affirm
the judgments of the Taylor Circuit Court.
playing softball for a team associated with Trace Creek
Girls' Softball, Inc., on a field owned by the City of
Campbellsville, appellant Breanna Draper fractured her
ankle sliding into second base. Breanna sued both the City
and Trace Creek league alleging that she sustained the injury
because fixed rather than break-away bases had been used on
the playing field.
Trace Creek operates a girls' recreational softball
league and organizes games which are held on the softball
fields of city-owned Trace Creek Park. To participate in the
league, each participant must pay a fee of $55.00 to Trace
Creek league which it uses to pay for umpires, softballs,
scoreboards, catcher's equipment, and game-related
expenses. Trace Creek league is responsible for dragging the
field prior to each league game, laying the chalk lines on
the infields, purchasing equipment, and generally maintaining
the fields. The City is responsible for mowing the grass,
weed control, changing light bulbs, repairing the concession
stand building, and bringing in dirt for the infield.
City provides the land for recreational use to the public at
large and allowed the Trace Creek league to play on the
fields as well. There is no fee for entry, admission, or
parking at the Trace Creek Park regardless of who is using
the park. In response to Breanna's suit, both the Trace
Creek league and the City filed motions for summary judgment,
citing the provisions of KRS 411.190 as affording them
immunity from liability. KRS 411.190(1)(c), (3) and (6)(b)
provide immunity to the owner of land if it is used for a
recreational purpose, provided that no fee or admission price
is asked in return for permission to use the land. In
separate opinions entered on August 25, 2017, circuit court
granted summary judgment to both the City and Trace Creek
these appeals involve identical facts and issues, in the
interest of judicial economy we have elected to address the
issues presented by both parties in a single opinion.
summary judgment involves no fact finding, we review alleged
error in its entry de novo. "[T]he standard
'is whether the trial court correctly found that there
were no genuine issues as to any material fact and that the
moving party was entitled to judgment as a matter of
law.'" Bryant v. Jefferson Mall Co., L.P.,
486 S.W.3d 310, 312 (Ky. App. 2015) (quoting Scifres v.
Kraft, 916 S.W.2d 779, 781 (Ky. App. 1996)). We review
the record "in a light most favorable to the nonmoving
party and resolve all doubts in her favor." Id.
(citing Steelvest, Inc. v. Scansteel Serv. Ctr.,
Inc., 807 S.W.2d 476, 480 (Ky. 1991)). Because only
legal questions and no ...