|
Garratt v. Dailey Author: Nicole
Facts-
Defendant was 5 years old, outside with
Naomi Garratt when Plaintiff Ruth Garratt came outside into the
backyard to talk with Naomi. When the plaintiff went to sit
down, the 5 year old took the chair out from underneath her.
The plaintiff suffered from a broken hip and other injuries and
damages.
Issue-
Did the defendant know with substantial
certainty that contact would result?
Decision-
Trial Court- No.
Appellate Court- Remanded case with
instructions.
Trial Court- Yes.
Rule of Law-
It is not necessary to prove intent to
injure or to play a prank or embarrass the plaintiff to be
liable. If the defendant behaved with substantial certainty
that contact would result than battery occurred.
|
