Workers' Compensation

The PRO Sports Hall of Fame: A Couple of Golden Oldies on Athletic Events in DE


A special thank you to PRO Physical Therapy for their hospitality last week at Citizens Bank Park.....

Aspiring athletes Ben & Allison Lengkeek enjoy a night at Citizens Bank Park, compliments of PRO Physical Therapy. Their Dad is my partner, Timothy Lengkeek.

This post is dedicated to all my friends at PRO Physical Therapy. Last week they hosted an "insider's tour" of Citizen's Bank Park and the Phillies's private locker room for attorneys and their families. We had a blast, especially my husband (who was knocking kids over to get to the batting cage), and there are no better hot dogs than the ones at the ballpark. So in honor of PRO, and our Phillies, I am pulling a couple of cases out of storage for a little primer on the law of course and scope as it relates to sports activity.

Charles Dalton v. State of Delaware, IAB # 1237627 (8/30/04), aff'd State of Delaware v. Charles Dalton, 878 A.2d 451 (Del. 2005). Both cases stand for the proposition that a Delaware State Trooper injured during a charity softball event is within course and scope. Of note, both the claimant side and the defense were handled by law enforcement extraordinaires (my way of saying "former cops") turned attorneys, Tom Roman and Dennis Menton. Like how interesting is that? Turning back to the case itself, the Court found under appellate scrutiny the claimant "offered overwhelming evidence that he took part in the event to benefit his employer and ardently pursued the benefit his attendance conferred." There is a sweet summary of the law as it relates to company-sponsored recreational events.

Scott Vautard v. State of Delaware, IAB #1308050 (5/13/08) similarly holds that a volunteer firefighter injured during a charity softball event is in course and scope. A big deal in the decision in this case was the fact that even volunteer firefighters were required to participate in four socials events annually, and that the softball team counted as a social event. The Magnolia Volunteer Fire Company paid the registration fee and at least one member of the company testified that he would perceive participation in this event as one of his duties as a firefighter. Again, a succinct but complete summary of the law on this topic. No firefighters or cops making a cameo appearance as counsel this time-- the claimant was represented by the late, great Jay Schmittinger and the defense was represented by Bill Baker .....

Speaking of sports, have I mentioned that Auburn University beat Utah State in its football season opener last Saturday 38-41, taking the lead in the last minute of the game? War Eagle! Pics of Sweet Caroline (a former patient of PRO PT!) at that game coming soon. But for now, baseball caps off to PRO PT and their marketing team for a wonderful night out.....:>)

Irreverently yours,
Cassandra Roberts

Delaware Detour & Frolic   Visit Delaware Detour & Frolic, a law blog by Cassandra Roberts

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