|
Garrett v Dailey
Author:- Sam
Biers
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?
Holding: NO.
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.
|
