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Torts Keyed to Underwood
Garratt v. Dailey
Citation:270 P.2d 1091
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
In the summer of 1951, the defendant was visiting the plaintiff and her sister at the plaintiff’s home. At one point, the defendant and the sister were in the backyard when the plaintiff joined him. When the plaintiff attempted to sit down in a nearby lawn chair, she suffered a fall because the defendant had moved the lawn chair to a new location. The exact circumstances of the fall were disputed. The plaintiff claimed that as she started to sit down, the defendant deliberately pulled out the lawn chair from under her. The defendant admitted to moving the chair but argued that this was before the plaintiff had begun the process of sitting down. The defendant claimed that once he realized that the plaintiff intended to sit down in the place where the chair had previously been, he tried to move it back but failed. The trial court accepted the defendant‘s account of events. The plaintiff’s fall resulted in a fractured hip and other painful and serious injuries.
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