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– Assault – Personal negligence – Plaintiff father alleged he was assaulted by defendant youth football coach – Orbital bone fracture – Rotator cuff tear – Emotional Distress Disorder – Fractured nose – Concussion

Middlesex County, MA

In this assault matter, the plaintiff father alleged that the defendant football coach was negligent in assaulting the father in violation of the youth football league rules. The plaintiff suffered a fractured nose, fractured orbital bone, torn rotator cuff, concussion, and alleged emotional distress as result of the incident. The defendant coach denied liability and maintained that he only acted after he was attacked by the plaintiff, who threw the first punch.

The defendant is the coach of the plaintiff’s son’s youth football team. On the date of this incident, the plaintiff brought the child late to practice. The defendant told the plaintiff’s son that he would have to run a lap to make up for the exercise that he missed at the beginning of the practice. The plaintiff responded, "Why don’t you run a lap, you fat bastard?" The defendant did not respond to the comment and ignored it. Later, allegedly in response to another remark that the plaintiff made, the defendant asked the plaintiff to go for a walk. The plaintiff alleged that as soon as the two men were out of sight of the field, the defendant began to attack the plaintiff. The plaintiff alleged that the defendant turned around and punched the plaintiff in the face, and then began an assault that caused the plaintiff to suffer a broken nose, broken orbital bone, concussion, and torn rotator cuff. The plaintiff alleged that the defendant’s actions were in violation of the youth football league rules and sought damages for his injuries.

The defendant coach denied the plaintiff’s version of the incident. The defendant contended that after his initial caustic remark when he dropped off his son, the plaintiff continued to make remarks during the practice. Despite seeking assistance from the director of the operations at the field, the onslaught of cursing and derogatory comments continued in the presence of the children and other adults at the practice field. The defendant asked the plaintiff to take a walk to cool off and discuss the situation. The defendant maintained that as soon as they were out of sight and ear shot of the other adults, the plaintiff physically attacked him and he defended himself.

The matter proceeded to trial.At the conclusion of the trial, the jury deliberated and returned its verdict in favor of the defendant. No damages were awarded.

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