Saturday, August 30, 2008

Koffman v. Garnett

Koffman v. Garnett
265 Va. 12, 574 S.E.2d 258 (2003)

Facts: Koffman, a 13-year-old student, was tackled by a coach in the course of a demonstration in practice. (No coach had used physical force to instruct prior to this.)

Procedure: Trial court dismissed Koffman's separate claims of assault and battery.

Issue: Did the coach commit assault? Battery?

Holding: No and yes.

Reasoning: Koffman could not have known that this was going to happen until the battery was in progress, so it is not an assault. It could have been a battery, depending on whether the jury finds that he consented to being tackled by coaches as well as the players.

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