Law School Case Briefs
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BOURQUE v. DUPLECHIN
Court of Appeal of Louisiana, Third Circuit (1976) | 331 So.2d 40
TL;DR: A softball player ran into an opponent far from the base path to break up a double play. The court found the act was negligence, not an intentional tort, holding that the injured player had not assumed the risk of such unsportsmanlike conduct.
Legal Significance: Establishes that a participant in a sport does not assume the risk of injury from a co-participant's reckless or unsportsmanlike conduct that falls outside the normal, foreseeable risks inherent in the game.