Torts Keyed to Prosser
Wallace v. Rosen
ProfessorMelissa A. Hale
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Appellant/Defendant Rosen was a high school teacher in the Indianapolis Public School system. During a fire drill, Defendant Rosen had to touch a student’s mother, Plaintiff Wallace, on the back in order to get her attention to unblock a stairway exit. Plaintiff testified at trial that Defendant pushed her and she slipped and fell down the stairs; Defendant denied pushing (but did admit to touching Plaintiff’s back). The trial court jury found in favor of Defendant on a negligence theory, but the judge refused to give a civil battery instruction as requested by Plaintiff because no intent to touch in a rude or angry manner was present. Plaintiff appealed contending that the trial court erred in not allowing the jury instruction.
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