Facts of the Case:
During a group game of basketball between Jason Shelley and Mario Gonzalez, Jason Shelley deliberately punched Mr. Gonazalez in the jaw. The two had been very aggressive towards one another throughout the entire game. Gonzalez’s jaw was broken and his injury required emergency surgery. Gonzalez’s jaw also had to be wired shut causing him tremendous pain, greatly impacting the quality and productivity of life.
Issue:
Is the defense of “consent” applicable when parties are involved in a sports activity?
Decision:
The court affirmed the decision of the lower court in that the level of physical force used was a “gross deviance” from that of a normal basketball game. The defense of “consent” is not applicable here
During a group game of basketball between Jason Shelley and Mario Gonzalez, Jason Shelley deliberately punched Mr. Gonazalez in the jaw. The two had been very aggressive towards one another throughout the entire game. Gonzalez’s jaw was broken and his injury required emergency surgery. Gonzalez’s jaw also had to be wired shut causing him tremendous pain, greatly impacting the quality and productivity of life.
Issue:
Is the defense of “consent” applicable when parties are involved in a sports activity?
Decision:
The court affirmed the decision of the lower court in that the level of physical force used was a “gross deviance” from that of a normal basketball game. The defense of “consent” is not applicable here