[APPEALS] Taliyah Brooks v USA Track & Field, 23A PL 1685

In this consolidated appeal, Taliyah Brooks ("Brooks"), who is an athlete member of USA Track & Field, Inc. ("USATF"), appeals: (1) the trial court's orders denying Brooks' motion for partial summary judgment and granting USATF's summary judgment motion ("June 2023 Orders"); and (2) the trial court's order denying Brooks' motion to amend her complaint ("July 2023 Order").

Brooks had filed, in the Marion Superior Court, a complaint against USATF after she had suffered heat-related injuries while competing in heptathlon events in the 2020 U.S. Olympic Track and Field Time Trials ("the Olympic Time Trials) in Eugene, Oregon on June 26-27, 2021. In Brooks' complaint, she sought declaratory and injunctive relief. Specifically, she sought: (1) a declaratory judgment that a waiver, release of liability, assumption of risk, and indemnity agreement ("the Waiver and Indemnity Agreement") contained in USATF's membership documents was unenforceable in law or in equity; and (2) an injunction preventing USATF from enforcing the Waiver and Indemnity Agreement against her if she were to raise any tort claims against USATF.

Brooks and USATF filed cross motions for summary judgment on the enforceability of the Waiver and Indemnity Agreement. On June 21, 2023, the trial court issued the June 2023 Orders, denying Brooks' motion and granting USATF's motion. Brooks filed a notice of appeal to commence an appeal of the June 2023 Orders, and that appeal was filed under Cause Number 23A-PL-1685.

Two days after the trial court issued the June 2023 Orders, Brooks filed a motion to amend her complaint to add additional claims and parties. On July 21, 2023, the trial court issued the July 2023 Order, denying Brooks' motion to amend her complaint. Thereafter, Brooks filed a notice of appeal to appeal the trial court's July 2023 Order, and that appeal was filed under Cause Number 23A-PL-2113. Our Court consolidated Brooks' two appeals.

In this consolidated appeal, the parties raise procedural challenges to whether the June 2023 Orders and the July 2023 Order were interlocutory orders or constituted final judgments. Additionally, Brooks argues that the trial court erred by denying her motion to amend her complaint, granting USATF's summary judgment motion, and denying her motion for partial summary judgment. USATF contends that the trial court properly granted USATF's summary judgment motion.

The scheduled panelists are Judge May, Judge Brown, and Judge Pyle.