OSU research helps guide decision in court ruling

Wednesday, February 23, 2011

Though the relevance of academic papers to real-world situations may often be unclear, research by an Oklahoma State University professor recently was cited in a decision by the Iowa Supreme Court. The court used an article by Griffin Pivateau, assistant professor of legal studies at OSU’s Spears School of Business, to help guide their decision in Feld v. Borkowski, a lawsuit brought by an intramural softball player who was injured by a teammate during a practice session in June 2005. 

Pivateau’s article, titled “Tackling the Competitive Sports Doctrine: A New Proposal for Sports Injuries,” addresses the question of the duty of care a sports participant owes to prevent injury to his or her co-participants. In Feld v. Borkowski, the defendant referred to the incident as “a freak accident,” and the case has been circulating through Iowa’s courts for nearly five years. The Iowa Supreme Court used Pivateau's article to guide their decision to reverse the district court’s decision and remand the case for another trial.

“Having research cited by courts is an honor and something that happens rarely,” Pivateau said. “Courts generally rely on previous cases to provide guidance on court decisions. Sometimes, however, courts will look to academic research to decide the best resolution of a particular issue.”

This is not the first time this particular article has been cited by a court. In the Texas case of Lee v. Loftin, the Texas 12th Court of Appeals released an opinion relying on Pivateau’s article in determining the duty of care owed by a stable owner for a rider injured during a trail ride on horseback.

“I am quite pleased this happened,” Pivateau said. “It certainly reinforces the fact that academic research, the kind we do at Oklahoma State, plays a role in real life.”