Case Brief 2.docx - Case Brief 2 Hackbart v Cincinnati Bengals Inc and Charles\"Booby Clark United States Court of Appeals Tenth Circuit 1979 601 F.2d

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

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Case Brief 2 Hackbart v. Cincinnati Bengals, Inc., and Charles "Booby" Clark, United States Court of AppealsTenth Circuit, 1979601 F.2d 516 BERGER v. CITY OF SEATTLEUnited States Court of Appeals,Ninth Circuit, 2008.512 F.3d 582.FACTS Dale Hackbart, a football player for the Denver broncos was struck in the neck byCharles Clark a football player for the Cincinnati Bengals who admittedly was acting out ofanger and frustration struck Hackbart in the neck during a defensive move in a football gamewith so much force it caused both parties to fall. Hackbart was injured as a result of that blow tothe neck and suffered a fractured neck. PROCEDURAL HISTORYThe court issued a judgement in Clarks favor citing the trial courtruled as a matter of law that the game of professional football is basically a business which isviolent in nature, and that the available sanctions are imposition of penalties and expulsion fromthe game. Notice was taken of the fact that many fouls are overlooked; that the game is played in

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