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8 Willamette Sports L.J. 1 (2010-2011)

handle is hein.journals/wlmsplj8 and id is 1 raw text is: Unnecessary Roughness: When On-field Conduct Leads to Civil Liability in Professional Sports Michael K. Zitelli Table of contents I. Introduction.................. ....................... ................. 1 II. The Scope of the Game and the Recklessness Standards ..................2 III. Commissioner and League Regulation .....................................3 IV. Regulation Through Court Decisions and Specific Cases....................5 A. Hackbart v. Cincinnati Bengals ...................................5 B. Tomjanovich v. California Sports, Inc...............................6 C. Avila v. Citrus Community College District ............7.........7 V. The Assumption of Risk Defense. .............................. .....8 VI. A Modified Approach to Player Conduct and Liability.......................9 VII. Conclusion: Drawing the Line Between Courts and Sports ...................11 I. Introduction The first half is winding down and the Denver Broncos already have a commanding 21-3 lead over the Cincinnati Bengals, when a pass intended for Bengals running back Charles Booby Clark is intercepted by the Broncos free safety. Hoping to help his teammate have a successful runback of the interception, Broncos defensive back Dale Hackbart attempted to throw a block on Booby Clark. Following this effort, Hackbart knelt on the ground and turned to watch the play continue down the field. Angered and frustrated at his team's losing cause, Clark stepped forward, and with his right forearm struck Hackbart in the back of the head and neck. The blow left Hackbart with a severe neck fracture, and he eventually sued Clark and the Bengals in civil court.' Whether on-field conduct, such as of the nature displayed here, should lead to civil liability is a topic for heavy debate. With inherent violence at the forefront of many professional sports, the line between acceptable and unacceptable on-field conduct is anything but distinct. As a result, courts have consistently had to decide what type of conduct falls within the scope of the game, and whether specific violent acts occurring outside this distinction are the basis for liability. It has been traditional for courts to exercise great restraint in sports-related cases, relying on the belief that the law should not place unreasonable burdens on the free and vigorous participation in sports. Despite this understanding, when it comes to athletic competition, courts have determined that some of the restraints of civilization must accompany every athlete onto the playing field.3 The court in Hackbart v. Cincinnati Bengals,4 established a test revolving around a standard of recklessness that requires assessing certain elements based on specific facts of the particular case. However, this test may come up short when analyzing all types of conduct falling within the gray areas of professional sports. Because of the potential for violent acts outside the scope of the game, the regulation must not only be consistent, but also be something that can effectively deter such conduct detrimental to the sport, as well as to a player's career. Concurrently, it is vital that 1 See JENNIFER L. MINIGH, SPORTS MEDICINE 26 (2007); Nick C. Nichols, Courts and Sports A Current Update, http://www.abrahamwatkins.com/CM/Articles/Courts-And-Sports.asp. 2 Turcott v. Fell, 502 N.E.2d 964, 968 (N.Y. 1986) (quoting Nabonzy v. Barnhill, 334 N.E.2d 258, 260). 3 d. 601 F.2d 516 (10th Cir. 1979). 1I FALL 20 10

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