Citation. Hackbart v. Cincinnati Bengals, Inc., 601 F.2d 516, 1979 U.S. App. LEXIS 14111, 4 Fed. R. Evid. Serv. (Callaghan) 1042 (10th Cir. Colo. June 11, 1979)
Brief Fact Summary. Plaintiff, a professional football player, was injured when one of Defendant’s players intentionally struck him during a game. Both continued to play in the game and did not make any complaints at the time. Plaintiff later sued to recover for his injuries. Facts.
Synopsis of Rule of Law. Even in an inherently violent situation such as a game of professional football, it is possible for one to go beyond its customs and so be liable for injuries in tort.
Plaintiff was injured by one of Defendant’s players in a professional football game. Defendant’s player intentionally struck Plaintiff, but was not found to have intended to injure him. Neither of the two complained to officials at the time of the injury, but Plaintiff later sued to collect for his personal injuries. The trial court took judicial notice of the violent nature of professional football and found that the only remedies available to Plaintiff would be those administered within the game. Issue.
Was the Trial Court correct in finding that Plaintiff had no remedy at law due to the extremely violent nature of professional football?