Torts Case Briefs
November 5, 2007
Prof. Heriot
Vosburg v. Putney
Case
Vosburg v. Putney
Action brought to recover damages for battery of the PL (14 years old) by the DE (12 years old)
History
· Case was tried resulted in a verdict and judgment for the PL of $2800.
· DE appealed, case was reversed for new trial.
· Circuit court resulted I verdict for PL of $2500.
Facts
· Class had been called to order.
· The DE reached across the aisle with his foot and kicked the plaintiff’s shin.
· The PL did not even feel it.
· A few moments later, be felt a violent pain and became very sick.
· The PL will never recover use of his leg
· A doctor testified that the microbes entered thought he wound and that the touch was the exciting or remote cause of the injury
· There was no intent to cause injury, only the intent to touch foot to shin.
Issue
In a battery case, does the PL have to prove that the DE intended to cause harm?
Holding
· No.
Rule(s)
To recover damages from assault and battery, the victim must prove that there was either (a) unlawful intent, or that he committed an “unlawful act.”
Reasoning
· They court held that if an unlawful act occurred, it was intended. The DE is then liable for all foreseeable and unforeseeable damages which result.
· In this case, the boys were in the classroom, after it had been called to order. This established that it was “unlawful” personally, it sounds like a load of hooey.
· Eggshell skull – if a PL is particularly susceptible to serious injury, the tortfeasor’s liability will not be mitigated.
Misc. (Defns from Casenotes)
Assault and Battery – Any unlawful touching of another person without justification or excuse
Malice – The intention to commit an unlawful act without justification or excuse
Negligence – Conduct falling below the standard of care that a reasonable person would demonstrate under similar conditions.
Garratt v. Dailey
Case
Garratt v. Dailey
Liability for an infant (age 5) for an alleged battery.
History
· Trial court found that the child did not realize she would fall, and that once he realized, he tried to put the chair back under her.
· C of A found that he knew with substantial certainty that she would fall and chose to take the chair anyway.
Facts
· An elderly woman was preparing to sit in a chair
· The child pulled the chair out from under her
· The woman
ut of this hand and shouted that he would not be served because he was a negro.
· Fisher was not actually touched and he did not fear physical injury. However, he was embarrassed.
Issue
Can there be a battery if there is not physical contact with the victim, but instead there is contact with an item associated with the victim?
Holding
· Yes
Rule(s)
A battery can be committed without actually physical contact with the person’s body if contact is made with an item that is attached to, or closely identified with that person.
Reasoning
Intentional snatching of an object from one’s hand is an offensive invasion to the person holding the item.
The action is still unpermitted and an intentional invasion of the PL’s person.
Battery involves a person’s dignity and may cause as much of a disturbance as ac unpermitted contact.
Misc.
Battery – unlawful contact with the body of another person
Harmful or offensive contact– Contact that causes injury or annoyance to another individual.
