Case Brief 2.docx - Hackbart v Cincinnati Bengals Inc 601 F.2d 516 PARTIES DALE HACKBAR Plaintiff Appellant v CINCINNATI BENGALS INC and CHARLES BOOBY

Case Brief 2.docx - Hackbart v Cincinnati Bengals Inc 601...

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Hackbart v. Cincinnati Bengals, Inc., 601 F.2d 516PARTIES:DALE HACKBAR, Plaintiff- Appellant, v. CINCINNATI BENGALS, INC., and CHARLES “BOOBY” CLARK, Defendants-Appellees.FACT:The injury occurred in the course of a game between the Denver Broncos and the Cincinnati Bengals, which game was being played in Denver in 1973. The Broncos' defensive back, Dale Hackbart, was the recipient of the injury and the Bengals' offensive back, Charles "Booby" Clark, inflicted the blow which produced it. Clark was an offensive back and just before the injury he had run a pass pattern to the right side of the Denver Broncos' end zone. The injury flowed indirectly from this play. The pass was intercepted by Billy Thompson, a Denver free safety, who returned it to mid-field. The subject injury occurred as an aftermath of the pass play.Because of the interception, the roles of Hackbart and Clark suddenly changed. Hackbart, who had been defending, instantaneously became an offensive player. Clark, on the other hand, became a defensive player. Acting as an offensive player, Hackbart attempted to block Clark by throwing his body in front of him. He thereafter remained onthe ground. He turned, and with one knee on the ground, watched the play following theinterception. Clark stepped forward and struck a blow with his right forearm to the back of the kneeling plaintiff's head and neck with enough force to cause both players to fall forward to the ground. Both players, without complaining to the officials or to one another, returned to their respective sidelines since the ball had changed hands and theoffensive and defensive teams of each had been substituted. Clark testified at trial that his frustration was brought about by the fact that his team was losing the game.PRIOR PROCEEDINGS: United States District Court for the District of Colorado (D.C. No. 75-M-437) entered a judgement in favor of the defendant(s). The court held tort concepts did not apply to the plaintiff’s injuries received during a football game and evidence of plaintiff’s prior footballconduct was admitted.
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ISSUE:The plaintiff (Dale Hackbart) appealed a judgement entered for the defendants (Cincinnati Bengals Inc., and Charles “Booby” Clark) in the United States District Court for the District of Colorado. The prior judgement found that the tort concepts did not apply to the plaintiff’s injuries because they were sustained during a football game. In addition, the admission of his prior football conduct was allowed. These two issues wereappealed for review. The plaintiff was professional football player and was injured duringa football game. The defendant intentionally struck the back of the plaintiff’s head causing serious injury. The lower court held for the defendants stating football was outside the law for tortious conduct. The plaintiff accepted the risk that is inherent to the game that resulted in his injury. The plaintiff appealed the judgement claiming the court
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