Originally Posted by mmoan2
Sorry to disagree with you, but when you sign up to play a violent, dangerous game for a living, the rules change. Would you sue a football player for aggravated assault if he put an aggressive hit on a wide receiver coming across the middle and the guy sustained a major injury? Pitching inside to a batter crowding the plate is part of the game of baseball. So are hockey fights (as much as I hate them), violent hits in football, slide tackles in soccer, hard fouls in basketball... If a guy puts a hard foul on LeBron driving to the hoop and LeBron hits the ground hard and is paralyzed, is that aggravated assault? If so, Bill Laimbeer would have a lifetime sentence in a maximum security prison right now for 99 counts of attempted murder.
If someone does something outside the scope of the game, I think that makes it a viable comparison. If a guy charges the mound with a bat and beats the stuffing out of a pitcher and puts him into a coma, for example, that would be a criminal matter to me. If it is proven that Tony Stewart deliberately drove his car at the guy intending to hit him, that's a crime to me. I think the poor kid leaving his vehicle and moving toward Stewart will forever make this a tough case to prove.
We have a precedent for that - Darryl Stingley. And Jack Tatum did not go to jail for it.
But that's injuring a competitor. I'm talking about killing one. Nowhere in any of those sports, or in the examples you provided, did the player lose his life. And even if he did - let's say Stingley died the next day from Tatum's hit - you couldn't convict Tatum of trying to kill Stingley. That's football. It's contact sport. Stingley was running a route (doing his job), and Tatum hit him (doing his job).
In the Stewart/Ward situation, you had one party unprotected on a track (which, again, I admit was pretty stupid but also irrelevant) versus the other party in a protected, motorized vehicle. Which, if proven, he used to run him over with. It is not the nature of Sprint Racing to run over unprotected drivers.
That's not 'part of the sport.' So that basically negates that argument. Your second paragraph is what, to me, governs what happened Saturday night.