Torts Keyed to Dobbs
Cullison v. Medley
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Plaintiff Cullison met 16-year-old Sandy Medley in a grocery store parking lot, invited her to have a soda with him and to come to his home to talk further. A few hours later he was awoken by a knock at his door. He was confronted by Sandy Medley, her father Ernest, her brother, brother-in-law, and mother. Ernest had a revolver in a holster strapped to his thigh. Sandy called him a “pervert” and her mother berated him. Ernest kept grabbing and shaking the gun while still in the holster and threatening to “jump astraddle” of him if he did not leave Sandy alone. Although no one ever touched Cullison, he feared he was about to be shot because Ernest kept grabbing the gun as if to draw it from the holster while threatening him. As a result of this incident, Cullison sought psychological help to deal with nervousness, depression, sleeplessness, inability to concentrate, and impotency. He sued the Medleys for assault, among other torts. The trial court granted summary judgment in favor of defendants on all claims, the appeals court affirmed, and the Indiana Supreme Court reversed on the assault count.
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