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Torts Keyed to Duncan
Wallace v. Rosen
Citation:765 N.E.2d 192 (Ind. App. 2002)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
On April 22, 1994 Ms. Wallace was at her daughter’s school to deliver her homework. After traveling up a flight of stairs to meet her daughter, a fire drill broke out. Ms. Rosen, in attempting to lead her students out of the building, encountered her Ms. Wallace, her daughter and two other individuals at the top of the stairs. Due to the ongoing noise of the fire drill Ms. Rosen was forced to raise to her voice and tap Ms. Wallace on the shoulder in order to get her attention. At this point is where the stories diverge: Ms. Wallace claims she was pushed/tripped down the stairs, while Ms. Rosen insists that Ms. Wallace was able to make it to the bottom of the stairs with no issue.
Ms. Wallace requested that a jury instruction for battery be given at trial. The instruction included language that claimed that a battery can be recklessly committed when one acts unintentionally. The court refused to read this instruction to the jury.
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