Kavanagh v. Trustees of Boston University

Kenneth Kavanagh (plaintiff), a Manhattan College basketball player, was punched and had his nose broken by Boston University (BU) (defendant) player Levar Folk while trying to break up a scuffle. Referees had called a normal number of fouls that game, Folk had no technical fouls or ejections, and had no history of violence on or off the court, though Kavanagh described BU's players as elbowing opponents and playing with "reckless abandon." Kavanagh sued BU and its coach, Wolff (defendant), alleging negligence and that BU was vicariously liable for its scholarship athlete's actions, claiming Wolff encouraged aggressive play. The trial court dismissed the claims, and Kavanagh appealed.