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Overall v. Kadella

Michigan Court of Appeals
361 N.W.2d 352 (1984)


Facts

After a hockey game, a player from one team, Kadella (defendant), began fighting with a player from the opposing team. Soon many players from each team joined in the brawl. Overall (plaintiff) remained on the bench during the fight. Kadella skated over to Overall and punched him in the face. Overall was knocked unconscious, and the bones around his right eye were fractured. Overall sued Kadella for battery. At a bench trial, the district court ruled for Overall and awarded him damages. Kadella appealed, arguing that by participating voluntarily in a hockey game, Overall consented to the contacts of the sport.

Rule of Law

Issue

Holding and Reasoning (Per Curiam)

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