Hackbart v. Cincinnati Bengals, Inc.
United States Court of Appeals for the Tenth Circuit
601 F.2d 516 (1979)
In a game against the Denver Broncos, Cincinnati Bengals player Charles Clark, frustrated that his team was losing, intentionally struck Broncos player Dale Hackbart (plaintiff) in the back of the head and neck, knocking both players to the ground; Clark did not intend to actually injure Hackbart. Football's rules prohibited this kind of intentional strike. Hackbart sued the Bengals (defendant) for damages, but the trial court ruled as a matter of law that football's inherent violence and its own system of penalties and expulsions foreclosed liability. Hackbart appealed.
Whether a party may be held liable for damages for intentionally and without authorization striking another player, even during the course of an otherwise violent sport.