A former high school cheerleader who sued over injuries caused when a teammate failed to catch her during a routine, lost her appeal before the Wisconsin Supreme Court on Tuesday.
The seven state justices unanimously concluded cheerleading is a "contact" sport, and therefore neither the male student cited nor the school district was liable for damages.
The opinion also said the stunt in question did not create a "compelling danger" to students...
The 16-year-old male cheerleader who lifted her, and then was supposed to be a spotter, failed to catch her.
The girl's family sued the boy and the school district, claiming the coach was negligent by not having a second spotter and not providing safety mats...
Because the male cheerleader just made a mistake by being out of place when Noffke fell, the court found he did not act "recklessly," the only legal standard that would have permitted a lawsuit to proceed.
Score one for common sense.