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Zittrain Torts Playlist Spring 2013

Dale Hackbart, Plaintiff-Appellant, v. Cincinnati Bengals, Inc., and Charles "Booby" Clark, Defendants-Appellees.

Headnote

Does the nature of a rough-and-tumble activity like professional football excuse potential tort liability arising from the game? Parties were football players on opposing teams. Frustrated with his team’s poor performance, the defendant used his arm to strike plaintiff in the back of the head. No foul was called and both players immediately resumed play without complaint. Soon after, plaintiff discovered that he had a serious neck fracture injury.