Case Brief #2.docx - Citation Hackbart v Cincinnati Bengals Inc 601 F.2d 516(10th Cir 1979 Parties Dale Hackbart(Plaintiff v Cincinnati Bengals Inc and

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

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Citation: Hackbart v. Cincinnati Bengals, Inc. , 601 F.2d 516 (10 th Cir. 1979) Parties: Dale Hackbart (Plaintiff) v. Cincinnati Bengals, Inc., and Charles “Booby Clark, (Defendants) Facts: Plaintiff was injured by one of Defendant’s players in a professional football game. Defendant’s player intentionally struck Plaintiff, but was not found to have intended to injure him. Neither of the two complained to officials at the time of the injury, but Plaintiff later sued to collect for his personal injuries. The trial court took judicial notice of the violent nature of professional football and found that the only remedies available to Plaintiff would be those administered within the game. Procedural History: The Court was called upon to analyze an implied consent defense. The trial court clearly found that one engaging in professional football was aware of its dangers and therefore surrendered his rights to seek redress for injuries sustained in the process. The Court explains here,
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