The Law School Authority

Garrett v. Dailey Case Brief

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?

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.




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