David Franklin Hogenson and Wife v. Gary L. Williams

Appellants brought suit to recover damages for an assault they alleged appellee committed upon Rory Melvin Hogenson. Appellee was Rorys football coach at Terrell Middle School in Denison, Texas. During a practice session of the 7th grade football team, appellee became displeased with Rorys performance of blocking assignments, and as a result started yelling at Rory, than struck the boys helmet with force sufficient to cause him to stumble and fall to the ground, and then grabbed his face mask. Shortly thereafter Rory was admitted to the hospital complaining of weakness of his left hand, left forearm and elbow region and spasms of the left neck muscles. His condition was diagnosed as a severe cervical sprain and bruising of the brachial plexus. He was discharged from the hospital after eight days and completely recovered within several months. Appellee was twenty-eight years old, was 5 feet 11 inch tall and weighed 195 pounds. Rory was twelve years of age and weighed 115 pounds. In response to special issues and instructions the jury found that appellee did not commit an assault upon Rory and that appellees contact with Rory was done for instruction and encouragement without any intent to injure him. Dased upon such answers, the trial court rendered judgment that appellants recover nothing.