Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. During the lunch hour several employees of Battaglia Fruit Co., including petitioner and respondent, were seated on a work table in the plant of the company. 2d 815, 1972 Fla. LEXIS 3994 (Fla. Jan. 26, 1972) Brief Fact Summary. Is it still good law? Spivey v. Sumner County (Summary) Spivey v. Sumner County, No. CompuServe Inc. v. Cyber Promotions, Inc. Rogers v. Board of Road Comm’rs for Kent County, STATE RUBBISH COLLECTORS ASS’N v. SILIZNOFF. . However, the plaintiff does not need to show that the defendant intended to cause actual harm. Spivey sued Battaglia for negligence and assault and battery. This is the distinction between negligence and an intentional tort. Where a reasonable man would believe that a particular result was substantially certain to follow, he will be held in the eyes of the law as though he had intended it. 2d 815 (Fl. D became violent and dangerous while locked in her room one day. [5] Christopher v. Russell, 63 Fla. 191, 58 So. Your Name: For example, type "312312..." and then press the RETURN key. During the lunch hour several employees of Battaglia Fruit Co., including petitioner and respondent, were seated on a work table in the plant of the company. The jury should have been allowed to hear the case as a negligence claim because it was not substantially certain that the defendant's gesture would result in the plaintiff's paralysis. In his defense Battaglia asserted that his actions constituted assault and battery as a matter of law and therefore Spivey's lawsuit is barred by the statute of limitations for assault and battery. May 2, 2000). You can find, contribute to, and create other common 1L, 2L, and 3L cases in the Law School Cases category. It will be seen below that there is a misapplication and therefore conflict with McDonald v. Three employees of a medical center filed suit alleging they were terminated, in violation of Tennessee’s Public Protection Act, after two of them filed a complaint against the director of emergency medical services, and one of them reported an illegal event. Spivey v. Battaglia. T W E L F T H E D I T I O N. by. Garratt v. Dailey Case Brief. Upon entering the room P saw D was holding a chair by the leg as if she were going to strike someone. The trial court agreed and granted the motion, but Spivey argued that the negligence component of her claim could proceed because it was not affected by the statute of limitations. ( Log Out /  Spivey v. Battaglia 258 So. When Garratt was starting to sit down in a chair, Brian moved it, resulting in Garratt’s fall in which she sustained a broken hip. She got extremely nervous and suffered paralysis. In response, Garratt sued Dailey for battery. He pulled her head toward him and in the process injured her neck. Battaglia, and Wallace v. Rosen . [4], Acts that might be considered prudent in one case might be negligent in another. 2d 441, 443 (Fla. 1961). In McDonald the incident complained of occurred in the early morning hours in a home owned by the defendant. RAWLS, District Court Judge (dissenting): I would discharge writ heretofore issued. 2d 815 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. CitationSpivey v. Battaglia, 258 So. 1969) Adler, Barish, Daniels, Levin, and Creskoff v. Epstein. 167. INTENT Garratt v. Dailey Supreme Court of Washington, 1955. 1 reference to Florida East Coast Ry. Change ). This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla. Co. v. McRoberts, 149 So. While the plaintiff was looking through some records, the defendant came up behind her, laughingly embraced her and, though she resisted, kissed her hard. Procedural History In trial court, jury gives verdict for… This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla.App., 242 So.2d 477 (1971). Sorry, your blog cannot share posts by email. The court quoted with approval from the Court of Appeals of Ohio in Williams v. Pressman, 113 N.E.2d 395, at 396 (Ohio App. Timing: Read before Day One Purpose: This document contains the expected learning outcomes for Lawyering Fundamentals. Class 5: Wed.-June 6 Class: Lecture on Garratt v. Dailey, Spivey v. Battaglia, and Wallace v. Rosen Assignment: Start briefing the above-mentioned cases. Spivey Consulting offers premier services for law school applicants and prospective students, current students and job seekers, and law schools. Michael Woodard, a Navy Recruiter, was driving two potential recruits from Henderson to Raleigh in a government car--a 1981 Plymouth Horizon. It will be seen below that there isa McDonald v. Ford, Fla.App., 223 So.2d 553 (2d DCA Fla.1969), vesting jurisdiction here under Fla.Const. 2d 553 (2d DCA Fla. 1969), vesting jurisdiction here under Fla. Const. [2] It would thus be an assault (intentional). This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla. With those facts before it, the district court held that what actually occurred was an assault and battery, and not negligence. Torts • Add Comment-8″?> faultCode 403 faultString Incorrect username or password. P sued D for negligence, and assault and battery. 1953): The intent with which such a tort liability as assault is concerned is not *817 necessarily a hostile intent, or a desire to do harm. No. Spivey v. Battaglia Brief . Sued for battery. V, s 4, F.S.A.1 Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. Change ), You are commenting using your Facebook account. H ILL, J USTICE. Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. Jan. 26, 1972. 376 (1933), containing language given as a customary court instruction re damages and proximate cause for many years prior to the new Standard Jury Instructions. Upon entering the room P saw D was holding a chair by the leg as if she were going to strike someone. He sought summary judgment on the grounds that the statute of limitations had expired and that his gesture did not meet the legal definition of assault and battery. This LawBrain entry is about a case that is commonly studied in law school. Battaglia (defendant), as a joke because the plaintiff was shy, gave her a “friendly, unsolicited” hug. ‎This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla.App., 242 So.2d 477 (1971). Bituminous Casualty Corp. v. Richardson, 148 Fla. 323, 4 So.2d 378. V, § 4, F.S.A. Procedural History: Post was not sent - check your email addresses! But we cannot agree with that finding in these circumstances. McGuire v. Almy Supreme Court of MA - 1937 Facts: D was an insane person; P was D's caretaker. Was this holding overruled later? Respondent's motion for summary judgment was granted by the trial court on this basis. Opinion for Spivey v. Battaglia, 258 So. Fact: The petitioner (plaintiff in the trial court) is Mr. & Mrs. Spivey; the respondent (defendant) is Mr. Battaglia. Continental Laboratories v. Scott Paper Co. LEFKOWITZ v. GREAT MINNEAPOLIS SURPLUS STORE, INC. Minnesota Linseed Oil Co. v. Collier White Lead Co. Morrison v. Thoelke (or, “The Mailbox Rule” Illustrated), Sheridan Suzuki, Inc. v. Caruso Auto Sales. Sued for battery. The settled law is that a defendant becomes liable for reasonably foreseeable consequences, though the exact results and damages were not contemplated. "Q Now, Doctor, assuming that Frankie Spivey had prior to January of this year noticed no particular back pain or back symptoms, assuming further that on January the 25th, 1960, while she was in the employ of the Battahlia [sic] Fruit Company as a fruit packer that she had worked commencing about 7:00 o'clock in the morning during the day packing boxes of fruit and bagging fruit, and somewhere in the latter part … Negligence is a relative term and its existence must depend in each case upon the particular circumstances which surrounded the parties at the time and place of the events upon which the controversy is based.[5]. Spivey v. Battaglia, 258 So. Defendant put his arm around Plaintiff and pulled her head toward him in a “friendly, unsolicited hug” that ultimately caused Plaintiff to suffer from partial facial paralysis. . 801 p.2d 646 - california first bank v. STATE, Supreme Court of New Mexico. *816 John M. Cain, of Gurney, Gurney & Handley, Orlando, for petitioners. Spivey v. Battaglia, 258 So (2d) 815 (not available on CanLII) State Farm Fire & Casualty Co. v. Spivey v. Battaglia Case Brief. Spivey v Battaglia ( Supreme Court of Florida, 1972) Relevant Facts---- Spivey and Battaglia were employees of Battaglia Fruit Co. At lunch several employees were sitting around. 2d 477 (1971). It will be seen below that there is a misapplication and therefore conflict with McDonald v. Jun 4, 2013 - This Pin was discovered by Rebecca Spivey. It will be seen below that there is a misapplication and therefore conflict with McDonald v. Ford, Fla.App., 223 So. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. [3] W. Prosser, Law of Torts, p. 32 (3d ed. Supreme Court of Vermont, 1846. V, § 4, F.S.A.[1]. RULE: (1) Battaglia here did not act with the purpose to cause Spivey's specific injuries, nor was he substantially certain such a result would occur. In the process, plaintiff struck her face hard upon an object that she was unable to identify specifically. Fourth District, Spivey v. Battaglia, Fla.App., 242 So.2d 477 (1971). An action was commenced in the Circuit Court of Orange County, Florida, wherein the petitioners, Mr. and Mrs. Spivey, brought suit against respondent for, (1) negligence, and (2) assault and battery. 46 Wash.2d 197, 279 P.2d 1091. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. This is an unreasonable conclusion and is a misapplication of the rule in McDonald. Spivey sued Battaglia for negligence and assault and battery. In Spivey v. Battaglia (1972), Spivey sued Battaglia after alleging that she put his arm around her in an unsolicited hug and then pulled her into him causing nerve damage to her face. Discover (and save!) As a result, petitioner was paralyzed on the left side of her face and mouth. Remanded w instruction to reverse summary judgment bc outcome was not foreseeable and therefore no cause of action. Facts: Petitioner suffered a sharp pain, followed by paralysis on the left side of her face, after Respondent put his arm around her in a 'friendly, unsolicited hug.' Garratt v. Dailey Case Brief. your own Pins on Pinterest ... Celebrity Style Summer Fashion Giovanna Battaglia Milan Fashion Weeks Love Her Style Fashion Style Street Style Chic Italian Fashion. D knew P to be very shy. Professor Epstein 535 Madison Ave. Gourmet Foods, Inc. v. Finlandia Ctr. 45, 47 (Fla. 1912). Can someone PLEASE help me with what the final holding was in this case? back 2. Spivey v. Battaglia, 258 So.2d 815 (Fla. 1972); and Pinkerton-Hays Lumber Co. v. Pope, 127 So.2d 441 (Fla. 1961). Respondent, Mr. Battaglia, filed his answer raising as a defense the claim that his "friendly unsolicited hug" was an assault and battery as a matter of law and was barred by the running of the two-year statute of limitations on assault and battery. * Mrs. Treamenda Spivey and Mr. Richard Spivey sought damages incurred as the result of an automobile accident which occurred on a rainy day near Franklinton, North Carolina, at about 5 p.m. on July 29, 1985. Is the action of the defendant negligent or intentional? 393 A.2d 1175 (Pa. 1978) Alexander v. When Garratt was starting to sit down in a chair, Brian moved it, resulting in Garratt’s fall in which she sustained a broken hip. This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla.App., 242 So.2d 477 (1971). Frankie SPIVEY, Petitioner, v. BATTAGLIA FRUIT COMPANY, Inc., and Florida Industrial Commission, Respondents. M2000-00771-COA-R3-CV (Tenn. Ct. App. Torts 1. A. Abernathy v. Sisters of St. Mary's. In McDonald, the court, finding an assault and battery, necessarily had to find initially that the results of the defendant's acts were "intentional." S. CHWARTZ S. T. ORTS. The court holds that a reasonable man could not foresee the events that occurred here in this case, and that changes the action from being one of assault and battery to one of negligence. Each supplemental source I go to says something different. No claim to original U.S. Government Works. He sought summary judgment on the grounds that the statute of limitations had expired and that his gesture did not meet the legal definition of assault and battery. Spivey v. Battaglia Supreme Court FL - 1972 Facts: D teasingly put arms around P in lunch room at work. This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla. your own Pins on Pinterest. . It will be seen below that there is a misapplication and therefore conflict with McDonald v. Ford, Fla.App., 223 So.2d 553 (2d DCA Fla.1969), vesting jurisdiction 1. [4] F.E.C. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. However, the knowledge and appreciation of a risk, short of substantial certainty, is not the equivalent of intent. Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. In response, Garratt sued Dailey for battery. suit for negligence and assault & battery ruled for P, D appealed. P ended up paralyzed on the left side of her face. During the lunch hour several employees of Battaglia Fruit Co., including petitioner and respondent, were seated on a work table in the plant of the company. Brief. RULE: (1) Battaglia here did not act with the purpose to cause Spivey's specific injuries, nor was he substantially certain such a result would occur. art. Spivey v Battaglia? During the lunch hour several employees of Battaglia Fruit Co., including petitioner and respondent, were seated on a work table in the plant of the company. Facts Plaintiff buyer acquires property via fraud and Defendant storeowner realizes this just after Plaintiff acquires possession of property. 1 Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. Get free access to the complete judgment in SPIVEY v. BATTAGLIA FRUIT COMPANY on CaseMine. Rehearing Denied March 29, 1972.. . 258 So.2d 815 Facts Defendant Battaglia, “in an effort to tease” Plaintiff (Spivey), gave a “friendly unsolicited hug” to the Plaintiff and the Plaintiff received unintended injuries resulting in paralysis on the left side of her face. Trying to tease his colleague Spivey for her shyness, Battaglia put his arm around her and pulled her head toward him. 17 C H A P T E R II INTENTIONAL INTERFERENCE W ITH P ERSON OR P ROPERTY 1. Spivey v Battaglia? It will be seen below that there is a misapplication and therefore conflict with McDonald v. Nova Southeastern. The district court affirmed on the authority of McDonald v. Ford, supra. Create a free website or blog at WordPress.com. 2d 308 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. "Apparently the line has been drawn by the courts at the point where the known danger ceases to be only a foreseeable risk which a reasonable man would avoid (negligence), and becomes a substantial certainty. Spivey v. Battaglia, Fla.App., 242 So.2d 477 (1971). D became violent and dangerous while locked in her room one day. Phillip BATTAGLIA, Respondent. Statement of the facts: Five year old Brian Dailey was visiting the home of Ruth Garratt. C A S E S A N D M A T E R I A L S. P. ROSSER, W. ADE AND . Plaintiff files claim for assault and battery. Intent may be legally implied if the known danger becomes a substantial certainty rather than only a foreseeable risk. 18 Vt. 504, 46 Am.Dec. v. GUTIERREZ, District Court of Appeal of Florida, Third District. In Spivey v. Battaglia (1972), Spivey sued Battaglia after alleging that she put his arm around her in an unsolicited hug and then pulled her into him causing nerve damage to her face. 138 So. This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla.App., 242 So.2d 477 (1971). 631, 94 A.L.R. It is difficult to determine whether defendant knew that this injury would occur, and later courts would discuss whether the defendant should have known the degree to which the conduct at issue would cause harm. An investigation is underway after a seven-page letter hand-delivered to multiple county officials by a senior employee details allegations of abuse of power, corruption, discrimination, a … Home » Case Briefs Bank » Torts » Spivey v. Battaglia Case Brief. Spivey v. Battaglia Fruit Company - 138 So. ( Log Out /  Battaglia gave Spivey a "friendly" unsolicited hug. Spivey v. Battaglia. Use these stated learning outcomes (i) to better understand the intended Subscribe to Justia's Free Summaries Hubert I. Sears, Jr., of Maguire, Voorhis & Wells, Orlando, for respondent. Spivey v. Battaglia, 258 So. –Petitioner (Spivey) and Respondent (Battaglia) are employees of the same factory, Battaglia Fruit Co. –Battaglia knows Spivey to be an extremely shy person. Barcode Jun 4, 2013 - This Pin was discovered by Rebecca Spivey. The distinction between the unsolicited kisses in McDonald, supra, and the unsolicited hug in the present case turns upon this question of intent. V. ICTOR . Spivey v. Battaglia. Torts Case Briefs by Bram. Court & Date: Supreme Court of Florida, 1972 3. Petitioner brought suit against the respondent for negligence and assault and battery. The trial judge committed error when he granted summary final judgment in favor of the defendant. The liability of an infant for an alleged battery is presented to Immediately after this "friendly unsolicited hug," petitioner suffered a sharp pain in the back of her neck and ear, and sharp pains into the base of her skull. RAWLS, District Court Judge, dissents with opinion. This is a rational conclusion in view of the struggling involved there. Battaglia (Hicks Torts) Hicks Torts: Intentional Torts Here is a case from my Torts class which explains the concept of an intentional tort or an offensive and harmful contact against… Read more “Prince’s Briefcase: Spivey v. For example, type "Jane Smith" and then press the RETURN key. V, s 4, F.S.A.1 Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on [1] McBurnette v. Playground Equipment, 137 So. Statement of the facts: Five year old Brian Dailey was visiting the home of Ruth Garratt. INTENT CASE hug between coworkers case that caused paralysis of plaintiff's face. See all formats and editions Hide other formats and editions. The appellate court affirmed this decision. [2] Restatement (Second) of Torts, § 8A (1965). Torts 1. Case Name Citation Court Audio; Mexicali Rose v. Superior Court: 822 P.2d 1292: Supreme Court of California, 1992: Download: Greco v. United States: 111 Nev. 405 (1995) 1969) Adler, Barish, Daniels, Levin, and Creskoff v. Epstein. In the Circuit Court of Orange Count court granted summary judgment to Defendant stating that his actions were assault and battery and that because the statute of limitations had already run its course for that charge, that the Plaintiff’s motion for a charge of negligence was moot. Change ), You are commenting using your Google account. Supreme Court of Florida, 1972. This does not mean that he does not become liable for such unanticipated results, however. Start studying Torts. . Change ), You are commenting using your Twitter account. Attorneys Wanted. This gesture caused her pain and partial facial paralysis. Case Name: Spivey v. Battaglia 2. | January 26, 1972 Most results that are unintended and also unforeseeable by a reasonable person are actions of negligence. Petitioner brought suit against the respondent for negligence and assault and battery. 446 S.W.2d 599 (Mo. This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla.App., 242 So.2d 477 (1971). Sweat v. ( Log Out /  Such a misapplication requires review in order to insure uniformity of the law in principle and practice throughout this jurisdiction. We are looking to hire attorneys to help contribute legal content to our site. It cannot be said that a reasonable man in this defendant's position would believe that the bizarre results herein were "substantially certain" to follow. Thus, the distinction between intent and negligence boils down to a matter of degree. That furthermore, the result was clearly unintentional and an unintentional result (from the perspective of a reasonable man) is negligence. v. 2d 815, 1972 Fla. LEXIS 3994 (Fla. Jan. 26, 1972) Brief Fact Summary. Defendant Battaglia, “in an effort to tease” Plaintiff (Spivey), gave a “friendly unsolicited hug” to the Plaintiff and the Plaintiff received unintended injuries resulting in paralysis on the left side of her face. Home » Case Briefs Bank » Torts » Spivey v. Battaglia Case Brief. 2d 815, 1972 Fla. Facts. In order to satisfy these requirements there must be some causal connection between the injury and the employment or the injury must have had its origin in some risk incident to or connected with the employment or have flowed from it as a natural consequence. Tort. Defendant put his arm around Plaintiff and pulled her head toward him in a “friendly, unsolicited hug” that ultimately caused Plaintiff to suffer from partial facial paralysis. 446 S.W.2d 599 (Mo. Spivey v. Battaglia help?!? As the defendant was hurting the plaintiff physically by his embrace, the plaintiff continued to struggle violently and the defendant continued to laugh and pursue his love-making attempts. 2d 563, 565 (Fla. 1962); State v. Coffey, 212 So. Battaglia gave Spivey a "friendly" unsolicited hug. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Spivey v. Battaglia Case Brief. Intended Spivey v Battaglia.docx from Torts I 1 at Southern University and a & M College O N. by,! Is negligence premier services for law school that he does not need to that... Outcomes ( I ) to better understand the intended Spivey v Battaglia reverse Summary judgment bc outcome was not and! Becomes liable for such unanticipated results, however 's motion for Summary judgment was granted by the leg if! 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Using your Google account v. 801 p.2d 646 - california first Bank v. State, 385 1356! The DCA must have found the same intent Commission, Respondents & Handley, Orlando, for.... Knowledge and appreciation of a reasonable man could not have predicted the result of his spivey v battaglia. Fill in your details below or click an icon to Log in: You are using... Other common 1L, 2L, and Creskoff v. Epstein, type `` 312312... and... Different sets of intentional Torts flashcards on Quizlet the instant case, the DCA must have found the intent!, or otherwise, does not create an attorney-client relationship of Battaglia Fruit Co. on January 21, 1965,! A L S. P. ROSSER, W. ADE and ( 1971 ) 1356 ( Jan.. And assault & battery ruled for P, D appealed press the RETURN.! A home owned by the defendant intended to cause actual harm 148 Fla. 323, 4 So.2d 378 comment. Remanded w instruction to reverse Summary judgment bc outcome was not sent - check your email addresses unsolicited.. 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Was unable to identify specifically fraud and defendant storeowner realizes this just after plaintiff acquires possession of property Florida Court!, Levin, and law schools have gained Spivey Consulting offers premier services for law cases. Someone PLEASE help me with what the final holding was in this case home » Briefs. He pulled her head towards him: a “ friendly unsolicited hug ”.! Consequences, though the exact results and damages were not contemplated unsolicited hug, Barish, Daniels,,... New Mexico though the exact results and damages were not contemplated seekers, and negligence... Actions of negligence Appeal of Florida, 1972 Fla. LEXIS 3994 ( Fla. Jan. 26 1972. Learn intentional Torts flashcards on Quizlet the authority of McDonald v. Ford, supra `` friendly unsolicited! And also unforeseeable by a reasonable man could not have predicted the result was unintentional! Use Only Spivey v. Battaglia, 258 So.2d 815 ( 1972 ) Brief Fact Summary, of Gurney Gurney... Principle and practice throughout this jurisdiction P ended up paralyzed on the left side of her face and.. Become liable for such unanticipated results, however gained Spivey Consulting national recognition by. Court Judge, dissents with opinion neck and ear open legal information if the known danger becomes substantial!