Case Brief #2.docx - Case Brief Hackbart v Cincinnati Bengals Inc 601 F.2d 516(10th Cir 1979 Procedural History Trial Court found for Defendant 10th

Case Brief #2.docx - Case Brief Hackbart v Cincinnati...

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Case Brief Hackbart v. Cincinnati Bengals, Inc. , 601 F.2d 516 (10 th Cir. 1979). Procedural History: Trial Court found for Defendant, 10th Circuit Court of Appeals reversed, remanded. Facts: Hackbart, a player on the national football team, the Denver Broncos, was purposefully struck on the back of the neck by a player on the opposing team, the Cincinnati Bengals. Both players continues to play after the striking on the neck of Hackbart, and the injury was not informed of, and diagnosed until a later date. Football is a sport that has an accepted risk of injury from tackling and striking without premeditation, but in this case the strike was intentional and from the offender’s acknowledged frustration. The case was dismissed due to the injury occurring from routine violence of the sport of football, and appealed to end in the plaintiff’s (Hackbart) favor. Issues: The trial court originally ruled that Hackbart was not within the right to expect compensation

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