Phillip BATTAGLIA, Respondent. 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. Spivey v. Battaglia, 258 So. 2d 563, 565 (Fla. 1962); State v. Coffey, 212 So. T W E L F T H E D I T I O N. by. 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 … Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Facts Plaintiff buyer acquires property via fraud and Defendant storeowner realizes this just after Plaintiff acquires possession of property. "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 … 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. "[3] In the latter case, the intent is legally implied and becomes an assault rather than unintentional negligence. Discover (and save!) Defendant uses force to get property back from Plaintiff. 18 Vt. 504, 46 Am.Dec. 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. 1 reference to Florida East Coast Ry. Spivey sued Battaglia for negligence and assault and battery. D became violent and dangerous while locked in her room one day. Change ). Sued for battery. [1] McBurnette v. Playground Equipment, 137 So. V. ICTOR . Jun 4, 2013 - This Pin was discovered by Rebecca Spivey. 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). Get free access to the complete judgment in SPIVEY v. BATTAGLIA FRUIT COMPANY on CaseMine. Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. That furthermore, the result was clearly unintentional and an unintentional result (from the perspective of a reasonable man) is negligence. Bituminous Casualty Corp. v. Richardson, 148 Fla. 323, 4 So.2d 378. 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 v. Battaglia Supreme Court FL - 1972 Facts: D teasingly put arms around P in lunch room at work. In McDonald, the court, finding an assault and battery, necessarily had to find initially that the results of the defendant's acts were "intentional." INTENT Garratt v. Dailey Supreme Court of Washington, 1955. 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. This LawBrain entry is about a case that is commonly studied in law school. Hubert I. Sears, Jr., of Maguire, Voorhis & Wells, Orlando, for respondent. 2d 441, 443 (Fla. 1961). 1969) Adler, Barish, Daniels, Levin, and Creskoff v. Epstein. 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. Plaintiff brought suit for assault and battery and negligence. 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 Was this holding overruled later? Respondent's motion for summary judgment was granted by the trial court on this basis. 1964). 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. Statement of the facts: Five year old Brian Dailey was visiting the home of Ruth Garratt. 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. 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. 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. Change ), You are commenting using your Facebook account. 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 v Battaglia. Discover (and save!) E. S. CHWARTZ Adjunct Professor of Law, University of Cincinnati College of Law While the plaintiff was looking through some records, the defendant came up behind her, laughingly embraced her and, though she resisted, kissed her hard. Co. v. McRoberts, 149 So. The trial judge committed error when he granted summary final judgment in favor of the defendant. V, § 4, F.S.A. Post was not sent - check your email addresses! ( Log Out / Is it still good law? Spivey v. Sumner County (Summary) Spivey v. Sumner County, No. Lawyering Fundamentals: Learning Outcomes . We are looking to hire attorneys to help contribute legal content to our site. Spivey v. Battaglia help?!? 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. Spivey v. Battaglia. 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. Spivey v. Battaglia, Fla.App., 242 So.2d 477 (1971). 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. 446 S.W.2d 599 (Mo. 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. 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. Procedural History: 46 Wash.2d 197, 279 P.2d 1091. Most results that are unintended and also unforeseeable by a reasonable person are actions of negligence. Sweat v. 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 815, 1972 Fla. Facts. It will be seen below that there is a misapplication and therefore conflict with McDonald v. 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. ROBERTS, C.J., and ERVIN and ADKINS, JJ., concur. ( Log Out / 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). 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. App., 242 So.2d 477 (1971). This does not mean that he does not become liable for such unanticipated results, however. Spivey v. Battaglia. There is a distinction between the man's intent to touch the woman and the absence of his intent to cause the facial paralysis. Railway Co. v. McRoberts, 111 Fla. 278, 149 So. Opinion for Spivey v. Battaglia Fruit Company, 138 So. Battaglia gave Spivey a "friendly" unsolicited hug. Procedural History: 393 A.2d 1175 (Pa. 1978) Alexander v. Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. Garratt v. Dailey, 46 Wash. 2d 197, 279 P.2d 1091 (Wash. 1955), is a torts case that examines the element of intent in an intentional tort. See all formats and editions Hide other formats and editions. Rehearing Denied March 29, 1972.. . 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) 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). 167. 2d 815 (Fl. As a result, petitioner was paralyzed on the left side of her face and mouth. See also, Pinkerton-Hays Lumber Co. v. Pope, 127 So. 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. We are looking to hire attorneys to help contribute legal content to our site. 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. A. Abernathy v. Sisters of St. Mary's. 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. App., 242 So.2d 477 (1971). 2d 308. RAWLS, District Court Judge, dissents with opinion. Spivey v. Battaglia 258 So. 2d 815 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. No claim to original U.S. Government Works. Get free access to the complete judgment in SPIVEY v. BATTAGLIA FRUIT COMPANY on CaseMine. It will be seen below that there is a misapplication and therefore conflict with McDonald v. your own Pins on Pinterest ... Celebrity Style Summer Fashion Giovanna Battaglia Milan Fashion Weeks Love Her Style Fashion Style Street Style Chic Italian Fashion. 1 Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. [3] W. Prosser, Law of Torts, p. 32 (3d ed. The settled law is that a defendant becomes liable for reasonably foreseeable consequences, though the exact results and damages were not contemplated. P sued D for negligence, and assault and battery. The distinction between the unsolicited kisses in McDonald, supra, and the unsolicited hug in the present case turns upon this question of intent. Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. And editions So.2d 1356 ( Fla. 1962 ) ; State v. Coffey, 212 spivey v battaglia © 2020 Thomson Reuters Adler. 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