Question
Q2. (Max 15 points) A young man named Koffman, in his first year of organized football, was placed on the defensive team under the defensive
Q2. (Max 15 points)A young man named Koffman, in his first year of organized football, was placed on the defensive team under the defensive coach, Wilson Garnett. To demonstrate proper tackling technique at practice one day, Coach Garnett, without warning, thrust himself into Koffman, picking him up and throwing him to the ground, thereby breaking Koffman's arm.Koffman filed a civil action and sued in tort for compensatory damages alleging that Garnett committed both an assault and a battery upon him.
A.Set forth the correct elements of the civil action of assault.(2 points)
The civil action of the assault was for negligence, assault, and battery.
B.Explain whether Koffman wins his case against Garnett for civil assault and why/why not.(4 points)
C. Set forth the correct elements of the civil action of battery.(2 points)
D. Explain whether Koffman wins his case against Garnett for civil battery and why/why not.(4 points)
E.Find the NJ statute that addresses whether a coach can be sued for his players injuries, review it and explain whether the statute would change your analysis or result reached under the common law torts of assault and battery above.(3 points)
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