VOSBURG V. PUTNEY case brief

VOSBURG V. PUTNEY

• kid lightly kicks classmate on the shin under the table

• does this constitute an offensive touching? Yes because there was no other purpose for the kick. Violation of P’s personhood – doesn’t have to be a violent violation.

• Eggshell skull rule comes in – P had pre-existing condition, D liable for the entire injury

• If this had happened on the playground it would not have been a battery because there would have been implied consent during a game that kids were playing. But it’s context specific – the kids were in the classroom.