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Torts keyed to Robertson
Ghassemieh v. Schafer
Citation:
Court of Special Appeals of Maryland, 1982. 52 Md.App. 31, 447 A.2d 84.Facts
The Appellant, Karen Ghassemieh, was an art teacher at a junior high school. The Appellee, Elaine Schafer, was her 13-year-old student. In 1977, the Appellant was in class about to sit down and help another student when the Appellee pulled the chair away causing the Appellant to fall and injure her back. The suit for negligence was not filed until 1980, although the Appellant stated that she was treated for back problems throughout 1977 and 1978. The Circuit Court gave the jury a definition of battery and instruction telling them to find for the Appellee if they found her actions to constitute a battery as it was a negligence suit and the statute of limitations had passed for battery. Appellant’s counsel made an objection to the court’s definition of battery as it did not include a requirement that the Appellee had an intent to harm. The objection was overruled and the jury found for the Appellee.
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