DEKLE, Justice.. . But we cannot agree with that finding in these circumstances. 2 [5] Assault and Battery Intent or Knowledge Where known danger ceases to be a foreseeable risk which reasonable man would avoid and becomes substantial certainty, intent is legally implied and conduct becomes an assault rather A. Abernathy v. Sisters of St. Mary's. Court & Date: Supreme Court of Florida, 1972 3. He pulled her head toward him and in the process injured her neck. As a result, petitioner was paralyzed on the left side of her face and mouth. Torts 1. [4] F.E.C. Procedural History: Phillip BATTAGLIA, Respondent. 1969) Adler, Barish, Daniels, Levin, and Creskoff v. Epstein. Accordingly, certiorari is granted; the decision of the district court is hereby quashed and the cause is remanded with directions to reverse the summary final judgment. Spivey v. Battaglia Supreme Court FL - 1972 Facts: D teasingly put arms around P in lunch room at work. 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.' back 2. 2d 553 (2d DCA Fla. 1969), vesting jurisdiction here under Fla. Const. 1972) FACTS: On 01-21-1965, plaintiff and defendant were working for Battaglia Fruit Co. On lunch hour plaintiff and defendant, and others, were seated at a worktable in the plant of the company. Spivey sued Battaglia for negligence and assault and battery. 45, 47 (Fla. 1912). ( Log Out /  Spivey v. Sumner County (Summary) Spivey v. Sumner County, No. It will be seen below that there is a misapplication and therefor conflict with McDonald v. Ford, Fla.App., 223 So.2d… However, the plaintiff does not need to show that the defendant intended to cause actual harm. See all formats and editions Hide other formats and editions. The respondent, in an effort to tease Mrs. Spivey, whom he know to be shy, intentionally put his arm around petitioner and pulled her head toward him. 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. A. Abernathy v. Sisters of St. Mary's. [3] W. Prosser, Law of Torts, p. 32 (3d ed. 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. P sued D for negligence, and 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. Co. v. McRoberts, 149 So. This LawBrain entry is about a case that is commonly studied in law school. Garratt v. Dailey Case Brief. Frankie SPIVEY, Petitioner, v. BATTAGLIA FRUIT COMPANY, Inc., and Florida Industrial Commission, Respondents. Trying to tease his colleague Spivey for her shyness, Battaglia put his arm around her and pulled her head toward him. Barcode 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. 592 So.2d 259 - DADE COUNTY SCHOOL BD. With those facts before it, the district court held that what actually occurred was an assault and battery, and not negligence. Spivey v. Battaglia, 258 So (2d) 815 (not available on CanLII) State Farm Fire & Casualty Co. v. Supreme Court of Vermont, 1846. In the instant case, the DCA must have found the same intent. Was this holding overruled later? Winfield, Stephen 6/26/2020 For Educational Use Only Spivey v. Battaglia Supreme Court of Florida. ROBERTS, C.J., and ERVIN and ADKINS, JJ., concur. App., 242 So.2d 477 (1971). Battaglia, and Wallace v. Rosen . Garratt v. Dailey Case Brief. 18 Vt. 504, 46 Am.Dec. Discover (and save!) 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. Spivey v. Battaglia . Spivey v. Battaglia, 258 So.2d 815 (Fla. 1972); and Pinkerton-Hays Lumber Co. v. Pope, 127 So.2d 441 (Fla. 1961). 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. Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. V, § 4, F.S.A. 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. However, the knowledge and appreciation of a risk, short of substantial certainty, is not the equivalent of intent. "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. 1 reference to Florida East Coast Ry. 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]. Your Name: For example, type "312312..." and then press the RETURN key. Post was not sent - check your email addresses! ( Log Out /  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) Discover (and save!) Procedural History: Home » Case Briefs Bank » Torts » Spivey v. Battaglia Case Brief. 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. "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 … Spivey v. Battaglia. Spivey v. Battaglia, Fla.App., 242 So.2d 477 (1971). Railway Co. v. McRoberts, 111 Fla. 278, 149 So. Nova Southeastern. INTENT CASE hug between coworkers case that caused paralysis of plaintiff's face. Case Name: Spivey v. Battaglia 2. Respondent, in an effort to tease petitioner, whom he knew to be shy, intentionally put his arm around petitioner and pulled her head toward him. Battaglia (defendant), as a joke because the plaintiff was shy, gave her a “friendly, unsolicited” hug. Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. Facts Plaintiff buyer acquires property via fraud and Defendant storeowner realizes this just after Plaintiff acquires possession of property. 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. 2d 815, 1972 Fla. Facts. ( Log Out /  393 A.2d 1175 (Pa. 1978) Alexander v. It will be seen below that there is a misapplication and therefore conflict with McDonald v. The question presented for our determination is whether petitioner's action could be maintained on the negligence count, or whether respondent's conduct amounted to an assault and battery as a matter of law, which would bar the suit under the two-year statute (which had run). Plaintiff files claim for assault and battery. The court holds that the defendant’s actions were negligent because a reasonable man could not have predicted the result of his actions. Statement of the facts: Five year old Brian Dailey was visiting the home of Ruth Garratt. Statement of the facts: Five year old Brian Dailey was visiting the home of Ruth Garratt. Fact: The petitioner (plaintiff in the trial court) is Mr. & Mrs. Spivey; the respondent (defendant) is Mr. Battaglia. Michael Woodard, a Navy Recruiter, was driving two potential recruits from Henderson to Raleigh in a government car--a 1981 Plymouth Horizon. 2d 563, 565 (Fla. 1962); State v. Coffey, 212 So. This is an unreasonable conclusion and is a misapplication of the rule in McDonald. 2d 815 (Fla. 1972) This opinion cites 5 opinions. Spivey v. Battaglia, 258 So.2d 815 (1972) © 2020 Thomson Reuters. 1964). Change ). | January 26, 1972 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. The trial judge committed error when he granted summary final judgment in favor of the defendant. 2d 815, 1972 Fla. LEXIS 3994 (Fla. Jan. 26, 1972) Brief Fact Summary. 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. Bituminous Casualty Corp. v. Richardson, 148 Fla. 323, 4 So.2d 378. Battaglia gave Spivey a "friendly" unsolicited hug. 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. 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. Supreme Court of Florida, 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. 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. T W E L F T H E D I T I O N. by. 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. 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. Use these stated learning outcomes (i) to better understand the intended Battaglia gave Spivey a "friendly" unsolicited hug. Choose from 500 different sets of intentional torts flashcards on Quizlet. 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.' Citation Spivey v. Battaglia, 258 So. "[3] In the latter case, the intent is legally implied and becomes an assault rather than unintentional negligence. [2] Restatement (Second) of Torts, § 8A (1965). This is the distinction between negligence and an intentional tort. S. CHWARTZ S. T. ORTS. Subscribe to Justia's Free Summaries ‎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). Rehearing Denied March 29, 1972.. . App., 242 So. D knew P to be very shy. Spivey v. Battaglia. In McDonald, the court, finding an assault and battery, necessarily had to find initially that the results of the defendant's acts were "intentional." . RAWLS, District Court Judge (dissenting): I would discharge writ heretofore issued. 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. 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. INTENT Garratt v. Dailey Supreme Court of Washington, 1955. Sep 26, 2020 spiveys admr v hackworth Posted By Alistair MacLean Public Library TEXT ID 824ba503 Online PDF Ebook Epub Library record group and series with brief descriptions and locations it does not provide actual documents some of the 2d 632 (Fla. 1968). Timing: Read before Day One Purpose: This document contains the expected learning outcomes for Lawyering Fundamentals. 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. 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. Spivey Consulting offers premier services for law school applicants and prospective students, current students and job seekers, and law schools. 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). Each supplemental source I go to says something different. Sorry, your blog cannot share posts by email. While the plaintiff was looking through some records, the defendant came up behind her, laughingly embraced her and, though she resisted, kissed her hard. M2000-00771-COA-R3-CV (Tenn. Ct. App. 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. 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). It will be seen below that there is a misapplication and therefore conflict with McDonald v. Spivey v. Battaglia Fruit Company - 138 So. 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. Intent may be legally implied if the known danger becomes a substantial certainty rather than only a foreseeable risk. –Petitioner (Spivey) and Respondent (Battaglia) are employees of the same factory, Battaglia Fruit Co. –Battaglia knows Spivey to be an extremely shy person. 446 S.W.2d 599 (Mo. D became violent and dangerous while locked in her room one day. Spivey v Battaglia? It will be seen below that there is a misapplication and therefore conflict with McDonald v. Upon entering the room P saw D was holding a chair by the leg as if she were going to strike someone. Jan. 26, 1972. Spivey v. Battaglia Brief . In response, Garratt sued Dailey for battery. Sued for battery. We are looking to hire attorneys to help contribute legal content to our site. art. There is a distinction between the man's intent to touch the woman and the absence of his intent to cause the facial paralysis. 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. 2d 308 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. 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. v. GUTIERREZ, District Court of Appeal of Florida, Third District. 2d 441, 443 (Fla. 1961). No. 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). [1] McBurnette v. Playground Equipment, 137 So. 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 … 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. 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. Change ), You are commenting using your Google account. Spivey v. Battaglia, 258 So. The cause should have been submitted to the jury with appropriate instructions regarding the elements of negligence. Brief. Betty Joyce SPIVEY and Dallas H. Spivey, Her Husband, Petitioners, Create a free website or blog at WordPress.com. This gesture caused her pain and partial facial paralysis. View Spivey v Battaglia.docx from TORTS I 1 at Southern University and A&M College. It will be seen below that there is a misapplication and therefore conflict with McDonald v. 167. 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. V. ICTOR . 2d 815 (Fl. 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. Get free access to the complete judgment in SPIVEY v. BATTAGLIA FRUIT COMPANY on CaseMine. Knowing the risk of harm does not establish the intent required in assault and battery tort claims, although individuals can be deemed to intend what is substantially certain to result from their actions. –Battaglia puts his arm around Spivey and pulled her head towards him: a “friendly unsolicited hug” occurs. 2d 477 (1971). This does not mean that he does not become liable for such unanticipated results, however. Plaintiff brought suit for assault and battery and negligence. 801 p.2d 646 - california first bank v. STATE, Supreme Court of New Mexico. 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. 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. 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). Jun 4, 2013 - This Pin was discovered by Rebecca Spivey. The liability of an infant for an alleged battery is presented to art. Most results that are unintended and also unforeseeable by a reasonable person are actions of negligence. Opinion for Spivey v. Battaglia Fruit Company, 138 So. The settled law is that a defendant becomes liable for reasonably foreseeable consequences, though the exact results and damages were not contemplated. 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. . Learn vocabulary, terms, and more with flashcards, games, and other study tools. Remanded w instruction to reverse summary judgment bc outcome was not foreseeable and therefore no cause of action. This gesture caused her pain and partial facial paralysis. See also, Pinkerton-Hays Lumber Co. v. Pope, 127 So. Spivey sued Battaglia in the Circuit Court of Orange County, Florida for (1) negligence, and (2) assault and battery. [5] Christopher v. Russell, 63 Fla. 191, 58 So. *816 John M. Cain, of Gurney, Gurney & Handley, Orlando, for petitioners. Change ), You are commenting using your Twitter account. Is it still good law? 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. Frankie SPIVEY, Petitioner, v. BATTAGLIA FRUIT COMPANY, Inc., and Florida Industrial Commission, Respondents. 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. Lawyering Fundamentals: Learning Outcomes . Tort. This is a rational conclusion in view of the struggling involved there. CompuServe Inc. v. Cyber Promotions, Inc. Rogers v. Board of Road Comm’rs for Kent County, STATE RUBBISH COLLECTORS ASS’N v. SILIZNOFF. suit for negligence and assault & battery ruled for P, D appealed. . 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. Learn intentional torts with free interactive flashcards. You can find, contribute to, and create other common 1L, 2L, and 3L cases in the Law School Cases category. Defendant uses force to get property back from Plaintiff. Spivey v. Battaglia. Fourth District, Spivey v. Battaglia, Fla.App., 242 So.2d 477 (1971). Start studying Torts. Such a misapplication requires review in order to insure uniformity of the law in principle and practice throughout this jurisdiction. D became violent and dangerous while locked in her room one day. Spivey v. Battaglia, 258 So. 565 ( Fla. 1972 ) © 2020 Thomson Reuters gained Spivey Consulting offers services. 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