KOFFMAN V. GARNETT
206 Va. 12, 574 S.E.2d 258 (2003)
NATURE OF THE CASE: Koffman (P), a student football player, appealed the dismissal of his
second amended motion for judgment against Garnett (D), coach, on claims of, inter alia,
gross negligence, assault, and battery, after the player was injured during a practice.
FACTS: P was a 13-year-old middle school student participating on the school's football
team. D was employed as an assistant coach for the football team. During practice, D ordered
P to hold a football and 'stand upright and motionless' so that D could explain the proper
tackling technique to the defensive players. D, without further warning, thrust his arms
around P's body, lifted him 'off his feet by two feet or more,' and 'slammed' him to the
ground. P weighed 144 pounds, while D weighed approximately 260 pounds. The tackle broke the
humerus bone in P's left arm. In his second amended motion for judgment, P alleged he was
injured as a result of D's simple and gross negligence and intentional acts of assault and
battery. D demurred and claimed sovereign immunity. P did not allege sufficient facts to
support a lack of consent to the tackling demonstration and, therefore, did not plead causes
of action for either gross negligence, assault, or battery. The trial court dismissed
holding that D was entitled to sovereign immunity for acts of simple negligence and that the
facts alleged were insufficient to state causes of action for gross negligence, assault, or
battery because the instruction and playing of football are 'inherently dangerous and always
potentially violent.' P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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