Torts Keyed to Epstein
Vosburg v. Putney
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Plaintiff brought an action against Defendant to recover damages for assault and battery. Both Plaintiff (14-years old) and Defendant (11-years old) are students. Plaintiff and Defendant were sitting opposite each other across an aisle in school. Defendant reached across the aisle and slightly kicked Plaintiff in the shin. At first Plaintiff did not feel it. However, a few minutes later, Plaintiff felt a violent pain and cried out loudly. A few days before this incident, Plaintiff had hurt the same spot on his leg. Plaintiff’s) leg was in the process of healing. The theory of at least one of the medical witnesses was that Defendant’s kick revivified the microbes, causing bone destruction. Medical testimony agreed that Defendant’s slight kick was the exciting cause of the injury to P. P lost the use of his limb. The jury rendered a verdict for Plaintiff in the amount of $2,800. The case was again tried in the circuit court, and the trial resulted in a verdict for Plaintiff in t he amount of $2,500. Defendant appealed from the judgment.
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Topic Resources
22m 47s