F: P: Hackbart (football defense player)
D: Cincinnati Bengals (one of the members was offense player)
TC ruled as a matter of law that the game of football is violent, and that the available sanctions are imposition of penalties and expulsion from the game. Ruled in favor of D. P appealed.
P, defensive back, was the recipient of the injury and the P, the other team’s offensive back, inflicted the blow which produced it. D, Acting out of anger and frustration, but w/o a specific intent to injure, stepped forward and struck a blow
with his forearm to the back of P’s head and neck to cause both of them to fall forward to the ground. Both players,
without complaining to the officials or to one another, returned to their respective sidelines. D testified that it was intentionally done, not accidentally.
We admitted here that there is battery established. They are playing games where violence is permitted. People expect contact would occur.
Consent to one thing does not mean the consent to another thing.
R: AN INJURY INFLICTED BY ONE PLAYER UPON ANOTHER DURING A PROFESSIONAL FOOTBALL GAME MAY GIVE RISE TO LIABILITY WHERE THE CAUSE OF THE INJURY WAS AN INTENTIONAL BLOW.
C: reversed and remanded for a new trial.