HACKBART V. CINCINNATI BENGALS, INC.
601 F.2d 516 (l0th Cir. 1979)
NATURE OF THE CASE: This is an appeal for a denial of damages from a battery.
FACTS: Hackbart (P) was a pro-football player. He was intentionally injured by a member
of an opposing team during the playing of a professional football game. At trial Charles
Clark (D) admitted that the blow that had been struck was not accidental and had been issued
with intent. D had hit P in the back of his head and his neck. The rules of the game
prohibit the striking of intentional blows not related to the play of the game. The trial
court did find that D had hit P out of anger and frustration but not with an intent to
injure him. The trial court ruled against P as a matter of law because the game itself was
violent in nature and P had in effect consented to such conduct even though not part of the
game. Also, the court held that the remedy for such conduct was provided for in the rules of
the game. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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