HACKBART V. CINCINNATI BENGALS, INC., US Ct. of Appeals, 10th Circuit, 1979. 601 F.2d 516

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HACKBART V. CINCINNATI BENGALS, INC., US Ct. of Appeals, 10th Circuit, 1979. 601 F.2d 516 Powered By Docstoc
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HACKBART V. CINCINNATI BENGALS, INC., US Ct. of Appeals, 10th Circuit, 1979. 601 F.2d 516 History: Trial Court ruled football is a business which is violent in nature; it is unreasonable to apply laws and rules which are a part of injury law to pro football; court also discussed assumption of risk and contributory fault US Dist Ct. for Dist. Of CO resolved liability in favor of Bengals; final judgment was entered for Bengals and appeal challenges that judgment Facts: Injury occurred during Broncos/Bengals game in 1973; Clark was an offensive back and before injury, he had to run a pass pattern to the right side of the Bronco’s end zone; pass was intercepted by Denver free safety, Thompson, who returned it to mid-field; upon interception Hackbart became offense and Clark became defensive; Hackbart attempted to block Clark by throwing his body in front of him and remained on the ground afterwards; he turned and w/one knee on the ground, watched the play after the interception; Clark hit his right forearm to the back of Hackbart’s head, pushing both players to the ground Hackbart didn’t report it at the time, but went to the trainer for treatment; played on specialty teams for 2 Sundays, then was released on waivers; sought medical help and found it was a serious neck fracture injury Issue(s): Whether in a regular season NFL game, an injury which is inflicted by one player to an opposing player can give rise to liability in tort where the injury was inflicted by the intentional striking of a blow during the game. Holding: Cause reversed and remanded for new trial Analysis: Since negligence does not apply here, contributory negligence also doesn’t apply Rules distinctly say no player can strike another player w/fist or arm; Intentional injuries are not permitted by rules of NFL


				
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