MADISON MONE VS. KIM GRAZIADEI(L-3240-13, UNION COUNTY AND STATEWIDE)
A-4578-15T2
| N.J. Super. Ct. App. Div. | Oct 30, 2017Background
- In June 2007, 13-year-old Madison Mone (plaintiff) was warming up a pitcher off the field for the Girls Softball League of Westfield when a thrown ball struck her face, knocking out a tooth and injuring her jaw.
- Plaintiff was serving as catcher for the warm-up and wore shin guards and chest protection but not a face mask.
- Coach Kim Graziadei testified she instructed players to wear full protective equipment when warming up a pitcher on the field; she did not clearly testify that the instruction extended to off-field warm-ups.
- Plaintiff repeatedly testified she had not been told to wear protective gear when warming up off the field, but later, in response to a mischaracterized question, she gave a contradictory answer suggesting she did not recall the coach’s instruction.
- Defendants moved for summary judgment; the trial court granted it, finding no disputed fact that plaintiff knew to wear the equipment and concluding the coach was not grossly negligent under N.J.S.A. 2A:62A-6.
- The Appellate Division reversed, holding the testimonial conflicts created genuine credibility disputes for a factfinder and that a reasonable jury could find gross negligence by the coach for failing to supervise and ensure protective gear was worn.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a genuine factual dispute about whether the coach told players to wear protective gear when warming up off-field | Mone: she repeatedly testified coach did not instruct players to wear equipment off-field; contradictory answer was a mishearing and raises credibility issues | Graziadei: coach instructed players to wear full gear when catching; plaintiff’s later testimony shows she did not recall and thus knew requirement | Reversed. Credibility conflict over plaintiff’s deposition answers and coach’s testimony created a genuine dispute for trial |
| Whether the trial court improperly weighed evidence on summary judgment | Mone: court impermissibly resolved factual credibility and weighed testimony | Graziadei: testimony supported court’s inference that no dispute existed | Reversed. Appellate court: trial court improperly resolved credibility on summary judgment |
| Whether coach could be found grossly negligent as a matter of law | Mone: failure to ensure catcher wore mask and supervise could amount to gross negligence | Graziadei: even if requirement existed, no gross negligence as a matter of law | Reversed. On the record viewed in plaintiff’s favor, a reasonable jury could find gross negligence |
| Application of volunteer-immunity statute N.J.S.A. 2A:62A-6 | Mone: statute does not bar claim if exceptions apply or fact issues remain | Graziadei: immunity applies, requiring showing of gross negligence to overcome | Appellate court did not resolve immunity as factual issues remain for trial; trial court made no findings on statutory exceptions |
Key Cases Cited
- Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520 (setting summary judgment standard and that court must view evidence in light most favorable to nonmovant)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (federal standard that summary judgment appropriate only when evidence is one-sided)
- Agurto v. Guhr, 381 N.J. Super. 519 (trial court may not decide contested factual issues on summary judgment)
- Steinberg v. Sahara Sam's Oasis, LLC, 226 N.J. 344 (definition and standard for gross negligence)