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Gauvin v. Clark

537 N.E.2d 94 (1989)

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Gauvin v. Clark

Massachusetts Supreme Judicial Court

537 N.E.2d 94 (1989)

Facts

Robert Gauvin (plaintiff) played center for Worcester State College’s varsity hockey team. Richard Clark (defendant) played center for Nichols College’s hockey team. During a game between the two colleges, Clark drove the end of his hockey stick into Gauvin’s abdomen. The rules that govern the game of hockey dictate that this action is unsportsmanlike, that the action should result in a major penalty, and that the offending player be disqualified. Gauvin’s spleen was removed, and he suffered lasting abdominal injuries. Gauvin brought suit against Clark. The jury found in favor of Clark, holding that, although Gauvin did not consent to this injury, Clark also did not act willfully and wantonly. Gauvin appealed.

Rule of Law

Issue

Holding and Reasoning (Abrams, J.)

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