Savino v. Robertson

John Savino (plaintiff) and Scott Robertson (defendant) were teammates in an amateur hockey league. During warm-ups, Robertson shot a puck that missed the goal and struck Savino near the eye, causing permanent vision loss. Savino sued for negligence, alleging Robertson failed to exercise ordinary care and violated league custom requiring the presence of a goalie before shooting. Robertson moved for summary judgment, arguing that under Illinois law, participants in contact sports could recover only for willful, wanton, or reckless conduct. The trial court agreed and granted summary judgment but allowed Savino to amend his complaint to allege willful and wanton conduct. After discovery, Robertson again moved for summary judgment. Robertson presented testimony from a longtime coach and a league teammate who both testified that it was not uncommon for players to shoot at an open net during warm-up. Savino himself admitted that he had seen players take warm-up shots without a goalie, that no written rule prohibited the practice, that there was always a risk of being hit by a puck during warm-ups, and that although many teammates wore protective masks, he chose not to. The trial court granted summary judgment a second time. Savino appealed, arguing that ordinary negligence should apply because his injury occurred during warm-ups rather than actual play.