Summary of Garrett v. Dailey
Facts: Brian, age 5, moved a chair as Garrett began to sit down upon it. Garrett missed the chair and broke her hip, and suffered other injuries.
Issue: Did def have knowledge, with substantial certainty, the Pl would attempt to sit here chair had been, as trial court’s findings show?
Procedure: Trial court dismissed action, Remanded for clarification.
Ct. Rationale: No evidence in record to support judgment of $11000 or proof of intentional harm or knowledge. Question exists as to whether intent for battery of def can be inferred from the evidence.
Rule: Battery is the intentional infliction of a harmful bodily contact upon another.