Problem regarding forced to retire from playing professional


Question: Davis was a professional athlete who had played as a running back for a professional football team for over ten years. Davis was forced to retire from playing professional sports after a medical examination determined that Davis had suffered brain damage after several concussions he received while playing professional football. Davis reluctantly agreed, as he was aware that he could not always think clearly and that sometimes when he was walking in a crowd, he would experience a hallucination. In the hallucination, he would see the other people in the crowd as football opponents and Davis would feel a compelling urge to run for a touchdown, evading all would-be tacklers as he had in his football career. Davis did not disclose the fact that he experienced hallucinations to any of the doctors who were treating him. One afternoon while walking down a city street in a crowd of people, Davis suffered a hallucination and ran wildly through the crowd, knocking Perry down. If Perry brings an action for damages, will Perry be successful?

 

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