case brief 2.docx - Hackbart v Cincinnati Bengals Inc 601 F 2d 516(10th Cir 1979 Procedural History Trial court found in favor of Defendant(Cincinnati

case brief 2.docx - Hackbart v Cincinnati Bengals Inc 601 F...

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Hackbart v Cincinnati Bengals, Inc 601 F. 2d 516 (10 th Cir. 1979) Procedural History Trial court found in favor of Defendant (Cincinnati Bengals) against Plaintiff (Dale Hackbart) claim that Defendant (Charles Clark of the Cincinnati Bengals) intentionally caused injury (neck fracture) during a football game against the Denver Broncos. Trial court found that Clark was “acting out of anger and frustration, but without a specific intent to injure.” Federal court judgment found by trial judges for the Defendants. The Plaintiff appealed to Federal appellate court: United States Court of Appeals for the Tenth Circuit. Statement of Facts : Plaintiff a professional football player for the Denver Broncos, tried to block the Defendant who played for the Cincinnati Bengals during a play. The defendant admitted that out of anger and frustration he hit the plaintiff on the back of his head with his forearm. They continued with the game without a foul being called. Plaintiff did not report the incident to his coaches or to anyone during the game. Plaintiff went to play golf the next day but due to pain he couldn’t play.
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