Your group has been made aware of an incident at Midwest University with the men's basketball team between a coach and a player.

Facts

The previous athletic director hired the men's basketball coach, Bill Beam last year. Despite Coach Beam's history of violent outbursts and having a foul mouth, he was hired because of his reputation for turning teams around. This year the men's basketball team has an excellent win-loss record. Mary Mouse has sat in on a few practices and noticed Coach Beams 'unusual motivation tactics: often screaming, teasing, and physically intimidating the players. While Mary Mouse has witnessed this behavior she is intimidated by Coach Beam and has never spoken to Beam about this behavior, or tried to discipline Beam. None of the players have filed any complaints so she assumed this was part of Men's basketball. Last week Midwest University suffered a humiliating loss to a rival university on national television. The next day, as Coach Beam was ranting to the athletes he thought that one of the players, Steve Smiley, was not taking him seriously and he became enraged. Coach Beam proceeded to get Smiley's face and scream:

"I've had enough of your lip, you think you wanna say something Smiley, you think this is funny? You like losing on TV? You're a fuc*ing disgrace. I'll give you something to laugh about you little punk" and then coach Beam grabbed Smiley by the neck and slammed him against a locker. Smiley suffered a concussion and other minor injuries.

Smiley immediately sought medical attention from the athletic trainer, filed a complaint against Coach Beam, and is refusing to play until Coach Beam is removed. Smiley has also indicated that he intends to pursue legal action against Coach Beam, Mary Mouse, and Midwest University for civil assault and battery.

Coach Beam is alleging that nothing out of the ordinary took place, and that coaches sometimes use aggressive physical and verbal tactics to motivate and toughen players up and that Smiley is blowing this out of proportion like he tends to do. Coach Beam indicates that he has done nothing that other coaches at this level would find unacceptable.

ISSUE

Under civil assault and battery law did Coach Beam intentionally harm Steve Smiley and can Mary Mouse and Midwestern University be vicariously liable for the damages?

What are some of the facts that support the Defense?

What is a court case that supports this analysis and the defense?

The jury would side with the defendant because?