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Old 12-05-2012, 02:48 PM   #14
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Join Date: Oct 2012
Posts: 23

In the football case the trial found the defendant lacked specific intent to injure. All of these must be analyzed under whether or not the plaintiff consented. I think whether the injury was caused by a negligent, reckless, or intentional act only matters in so far to what was consented.

After a practice is over there is no longer any consent to be exposed to the risks of serving (certainly a reasonable jury could conclude that after the practice ended the plaintiff no longer consented to the risk of neglegently/recklessly hit tennis balls their way).
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