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KNAPP v. NORTHWESTERN UNIVERSITY

No. 96-3450.

101 F.3d 473 (1996)

Nicholas KNAPP, Plaintiff-Appellee, v. NORTHWESTERN UNIVERSITY, an Illinois not-for-profit corporation, and Rick Taylor, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 22, 1996.

Rehearing and Suggestion for Rehearing Denied January 3, 1997.

Attorney(s) appearing for the Case

Robert Andrew Chapman (argued), Chicago, IL, Stanley J. Horn, Horn & Villasuso, Chicago, IL, Eldon L. Ham, Steven T. Mandell, Zucker, Ham & Mandell, Northbrook, IL, Robert J. Shapiro, Jamaica Plain, MA, for Nicholas Knapp.

Amy D. Mayber, Northwestern University, Evanston, IL, Julian Solotorovsky (argued), Eric F. Quandt, Kelley, Drye & Warren, Chicago, IL, for Northwestern University and Richard Taylor.

Matthew J. Mitten, South Texas College of Law, Houston, TX, for amici American Medical Society for Sports Medicine and American Osteopathic Academy of Sports Medicine.

Before BAUER, DIANE P. WOOD and EVANS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied January 3, 1997.*

TERENCE T. EVANS, Circuit Judge.

Nicholas Knapp wants to play NCAA basketball for Northwestern University — so badly that he is willing to face an increased risk of death to do so. Knapp is a competent, intelligent adult capable of assessing whether playing intercollegiate basketball is worth the risk to his heart and possible death, and to him the risk...

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