Overall v. Kadella

361 N.W.2d 352 (1984)

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Nature of the Case

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Facts

Two amateur hockey teams played each other in a hockey game. After the game had ended, a fight broke out between D and a member of the opposing team. It soon became a general brawl with players leaving the benches to join. According to D’s story, P remained on the bench during the fight but poked or hit D with a hockey stick during the fight. D retaliated by turning and throwing one punch. According to P's story, he remained on the bench even after all other players had joined the fray. The bench was well removed from the fighting, and plaintiff did not poke or hit anyone with a hockey stick. D skated over to the bench and struck P who had done nothing to provoke the attack. D then skated away. P was knocked unconscious with the blow fracturing the bones around his right eye. The judge ruled for P and D appealed. D contends that P consented to such contact.