When Christine Galinski joined the adult kickball team Kicking Under the Influence she was just looking to have some fun and play kickball with other young adults her age. What she did not expect was a broken clavicle.
Galinski, 29, of Palm Beach County, Fla., is suing the World Adult Kickball Association (WAKA) for more than $15,000 for damages. She suffered the injury when she collided with Seth Brenner, 31, a member of the opposing team Drink ‘Til They’re Pretty during a game in April 2011.
WAKA orchestrates hundreds of teams across the United States.
As the complaint she and her lawyer, William Dean, of Ford & Dean, P.A., filed states, Galinski is suing WAKA for not taking “reasonable measures to protect the participants from foreseeable harm during the games.”
WAKA’s official rules state that there must be an official supervisor at each game. Though there was an official on duty during the April game, Galinski is asserting that the supervisor should have done more to protect her against Brenner and his apparent inebriation.
“The consumption of alcohol was a central theme to this league,” said Dean. He added that Galinski knew of the players’ penchant for spirits as soon as she joined.
On WAKA’s website, each team is affiliated with a bar and members say that WAKA did not seem to mind the coolers of beer that were sometimes brought to games.
“[WAKA] Certainly doesn’t fight drinking,” said Cory Carano, a member of Drink Til They’re Pretty. “I actually wish it were more of an aspect.”
WAKA officially prohibits members from drinking on the field and Carano said that in recent years WAKA has taken steps to minimize drunkenness on the field.
But Carano insists that Galinski’s argument that Brenner was drunk when she got injured is wrong.
“I’m a lawyer so I did questioning of my own. He said that he came to the game straight from work and had not drank anything,” Carano said.
He said that the accident, as opposed to an intoxicated assault, was an innocent mistake.
“He was running to second base, not looking at anything but the ball, and so was she. So they collided,” Carano said.
WAKA told ABC News in a statement, “WAKA does not condone any irresponsible use of alcohol and encourages all players of any sport to drink responsibly and ensure they have a safe ride home.” WAKA’s Director of Marketing, Mike Holden, also referred ABC News to its rulebook.