Brian Hanson sustained a paralyzing injury while playing in a lacrosse matchbetween Ohio State University and Ashland University.
Hanson had interceded in afight between one of his teammates and an Ashland player, William Kynast. Hanson grabbed Kynast in a bear hug, but Kynast threw Hanson off his back. Hanson’s headstruck the ground, resulting in serious injuries. An ambulancewas summoned, andafter several delays, Hanson was transported to a local hospital where he underwentsurgery. Doctors determined that Hanson suffered a compression fracture of his sixth spinal vertebrae. Hanson, now an incomplete quadriplegic, subsequently filed suitagainst Ashland University, maintaining that because Kynast was acting as the agentof Ashland, the university was therefore liable for Kynast’s alleged wrongful acts.Was Kynast an agent of Ashland?