dissenting, with whom KAUGER, V.C.J. joins and SIMMS, J. joins in part.
The majority reasons that when the Legislature added “or other athletic contest” to the exemption statute, 51 O.S.1991 § 155(20), the new language must include this gym class softball game or the amendment means nothing at all. Not so. I believe that “any interscholastic or other athletic contest” should be read to mean any organized contest between schools or any intramural game sponsored or conducted by the school.
Participation in intramural sports, as in interscholastic sports, is voluntary. The games take place at a pre-determined time. They are generally conducted by a referee or umpire connected with the school. If voluntary participation in interscholastic sports means giving up the right to sue, then, under the language of the amended statute, it makes sense that voluntary participation in intramural sports means the same.
I would not include in the phrase “other athletic contest” such casual activities as pickup games, workup softball, nor anything happening in a gym class for school credit. Physical education may be mandatory in the Oklahoma public schools if the local school board approves the course. 70 O.S.1991 § 11-103B3.
This student was in class. He was told by his teacher to assume the catcher’s position. He was hurt when the school failed to furnish him the most basic piece of equipment, a catcher’s mask. If a student is injured in some procedure he is required to undergo, by the negligence of someone to whom the student cannot “just say no”, then this statute should not be read so broadly as to let the responsible party evade responsibility as a matter of law. I would not extend § 155(20)’s immunity to include this gym class softball game, but would let a jury decide whether the school district or his parents should pay for Clifton’s teeth.