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Torts keyed to Robertson
Garratt v. Dailey
Citation:
Supreme Court of Washington, 1955. 46 Wash.2d 197, P.2d 1091.ProfessorMelissa A. Hale
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Facts
Defendant, Plaintiff, and Plaintiff’s sister, Naomi Garratt were in the backyard of the Plaintiff’s home. Plaintiff claimed she came out of the house to speak with her sister and started to sit down in a wooden lawn chair when Defendant deliberately pulled the chair out from under her. The Plaintiff felt to the ground, fracturing her hip. The trial judge was unwilling to accept Naomi’s eyewitness testimony and instead adopted the Defendant’s version of what happened which was as follows:
Defendant picked up the wooden lawn chair and moved it sideways a few feet to seat himself in it, at which time he discovered the Plaintiff was about to sit down in the place where the lawn chair had been previously. He then hurriedly tried to get up from the chair and move it towards the Plaintiff to help her sit down in it. However, due to his small size and lack of dexterity, the Defendant was unable to do so quick enough to prevent her from falling to the ground. Plaintiff then fell and fractured her hip.
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Topic Resources
Topic Outline
Intentional Torts