Torts Keyed to Prosser
Spivey v. Battaglia
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
During a break at work, Defendant put his arm around Plaintiff and pulled her toward him. Plaintiff experienced sharp pains that culminated in partial facial paralysis. She sued Defendant under negligence and assault and battery theories. Relying upon a similar case, Defendant argued that his actions were strictly intentional, constituted assault and battery as a matter of law, and warranted dismissal of the case because it had been filed after the statute of limitations for assault and battery had expired. The trial court agreed and granted summary judgment for Defendant.
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