Question
An amateur soccer game was played between high school-aged players. Julian Nabozny was a goalie. David Barnhill was a forward for the opposing team. David
An amateur soccer game was played between high school-aged players. Julian Nabozny was a goalie. David Barnhill was a forward for the opposing team. David was known for being a very rough player, having acquired more penalties than any other player on the team. Rather than cautioning David to play a clean game, David's coach urged all his players to play as hard as they could and to "go for the kill."
During the game David kicked Julian in the head while Julian was in possession of the ball. Contact with a goaltender while he is in possession of the ball is a violation of FIFA (International Association Football Federationsoccer's international governing body) rules, which governed the contest.
When Julian's dad saw David kick his son in the head, he jumped out of his chair, rushed onto the field, and hit David in the chin with his fist, breaking David's jaw.
Another parent, Mike Bishop, also rushed onto the field. Afraid that Julian might be hurt further, he scooped him up and carried him off the field. Unfortunately, when David had kicked Julian, he had broken his neck. When Mike picked him up, the movement caused compression in Julian's spinal cord, leaving him permanently paralyzed from the waist down.
a. Julian wants to sue David, the other player. In his complaint, which tort theory is Julian's attorney most likely to allege and what will he have to prove for Julian to be successful?
b. Julian also wants to sue the coach. In his complaint, which tort theory is Julian's attorney most likely to allege and what will he have to prove for Julian to be successful?
c. Finally, Julian wants to sue Mike, the parent who "helped" him. In his complaint, which tort theory is Julian's attorney most likely to allege and what will he have to prove for Julian to be successful?
d. For the court to allow David to recover against Julian's dad, on what tort theory will David's attorney rely? Explain your answer.
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