Robert Archibald (plaintiff) played in an adult no-check ice hockey league. The league’s rules prohibited bodily contact other than incidental contact. During a game, an opposing player, Cody Kemble (defendant), checked into Archibald by jamming Kemble’s right skate into Archibald’s left skate. This kind of action is referred to as slew-foot in hockey and is generally considered a very deliberate action, prohibited at the professional level. As a result of the contact, Archibald crashed into the boards and shattered his femur bone. Archibald was taken to the hospital and required rods inserted into his leg. Archibald sued Kemble for negligence. During discovery, Archibald presented expert testimony that the slew-foot action was intentional and dangerous. Kemble also admitted that he knew that slew-footing was against the league rules. Kemble moved for summary judgment, which was granted. Archibald appealed.