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Torts Keyed to Dobbs
Alteiri v. Colasso
Facts
Alteiri was injured when the Defendant threw an object that struck him in the eye. The Plaintiffs instituted an action alleging battery. The court entered judgment in favor of the Plaintiffs. On appeal, the court found no error. The statute of limitations relied upon by the Defendant, by its terms, did not apply to the action. Also, the court found no error in the trial court’s denial of (i) the friend’s motions to set aside the verdict and (ii) for a judgment notwithstanding the verdict. The court found that the jury could have logically and legally returned a verdict in favor of Plaintiffs for willful battery, even when it found that the friend threw the object with the intent to scare someone other than the minor.
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