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Torts Keyed to Henderson
Garratt v. Dailey
Citation:
46 Wash. 2d 197, 279 P.2d 1091 (1955)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
On July 16, 1951, five-year-old Brian Dailey was visiting in the backyard of Ruth Garratt’s home with Naomi Garratt, Ruth’s sister. Ruth came into the backyard and, according to her sister Naomi, Brian deliberately pulled a lawn chair out from under Ruth as she was attempting to sit down. Brian’s version, which the trial court accepted, was that he had been sitting in the chair and moved it, then noticed Ruth about to sit where the chair had been. He claimed he tried to move the chair back under her but was unable to do so in time due to his small size and lack of dexterity. Ruth fell to the ground, suffering a fractured hip and other serious injuries. The trial court found that Brian did not have any willful or unlawful purpose in moving the chair and did not intend to injure Ruth or cause offensive contact.
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