Minnesota Court of Appeals: Walker softball coach is protected by immunity in injury lawsuit

A mother’s lawsuit against the Walker-Hackensack-Akeley school district and softball coaches over an injury her daughter sustained during practice in 2017 was tossed out by the Minnesota Court of Appeals.

Kathryn Kendrick of Walker filed the personal injury lawsuit nearly six years after her daughter got a permanent bump on her forehead when another player accidentally struck her with a bat at practice. Her daughter was 9 at the time. Kendrick argued the injury was directly caused by the negligence of coaches supervising practice and sought at least $50,000 in damages, according to the lawsuit filed last year.

The school district on June 26, 2023, moved for summary judgment, which can allow one party to win a civil case without a trial. The school argued coaches and the school district were entitled to official immunity, a legal doctrine that protects a public official from civil cases unless they are guilty of a willful or malicious act. It’s similar to qualified immunity, which can be used to shield police officers accused of misconduct from civil legal actions.

Kendrick opposed summary judgment and included the opinion of another softball coach that said the coaches should have supervised practice differently.

A Cass County district judge denied summary judgment and ruled that the coaches’ conduct was not protected. The school district appealed the ruling. On Monday, the appellate court reversed the District Court’s ruling and said the coaches and school district are protected by official immunity.

Jason Stoffel, with the Minneapolis law firm Waldeck & Woodrow, said in an email “the school district has no comment at this time.” One of the coaches named in the lawsuit also declined to comment.

Kendrick said in a message to the Star Tribune that “my lawyer wants me to wait until we decide what we are going to do about it.” She is represented by personal injury attorney Al Sagert, with Sand Law in St. Paul.

“I respectfully disagree with the decision and we are exploring all options,” Sagert said in an email.

Judge Peter Reyes Jr. wrote the appellate opinion for a three-judge panel that included Judges Kevin Ross and John Smith, who is retired and served by appointment.

Reyes said the coach administered concussion protocol, applied ice and called the girl’s parents who took her home and later brought her to see a doctor.

The player was hit in the forehead after coaches set up a batting station at practice. The coach said in an affidavit that she was “satisfied that the coaches were adequately near the station, that the players were of the age and ability to do the batting activity without direct, eyes-on supervision at all times.” She added that when not directly observing players, coaches “could observe the station with a turn of the head.”

Coaches are entitled to official immunity when they exercise judgment and discretion over how to supervise a softball practice, Reyes wrote. That immunity also extends to the school district because, without it, Reyes said it would stifle coaches and “disincentivize persons from holding those positions.”

“Such an impact would be significant, as so many coaching positions are filled not only by school employees, but also by volunteers and parents,” Reyes said.