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Overall v. Kadella

Michigan Court of Appeals

361 N.W.2d 352 (1984)

Relevant factsFree

After a hockey game ended, players from both teams began brawling, and Kadella (defendant) skated over to Overall (plaintiff), who had remained on the bench during the fight, and punched him in the face, knocking him unconscious and fracturing bones around his eye. Overall sued for battery, and after a bench trial the district court ruled for Overall; Kadella appealed, arguing that by voluntarily playing hockey, Overall had consented to the game's physical contacts.

IssueFree

Whether a hockey player's voluntary participation in the game constitutes consent to a punch thrown by an opposing player after the game has ended and outside the sport's rules.

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