Wednesday, January 1, 2014

Fisher v. Carrousel Motor Hotel, Inc. case brief

Fisher v. Carrousel Motor Hotel, Inc. case brief summary
424 S.W.2d 627 (1967)

CASE SYNOPSIS
Plaintiff appealed from an order of the Harris County, Tenth District Court (Texas), which entered judgment in favor of defendants in plaintiff's action for assault and battery arising from the intentional grabbing of plaintiff's plate at a buffet luncheon.

CASE FACTS
Plaintiff, a mathematician with the National Aeronautics and Space Agency (NASA), filed a complaint against defendants, alleging that the intentional grabbing of plaintiff's plate at a buffet luncheon constituted a battery.

PROCEDURAL HISTORY
The lower court rendered judgment for defendants notwithstanding the jury verdict for plaintiff.

DISCUSSION

  • Reversing on appeal, the court held that the forceful dispossession of plaintiff's plate in an offensive manner was sufficient to constitute a battery. 
  • Plaintiff was entitled to actual damages for mental suffering due to the willful battery, even in the absence of any physical injury.

CONCLUSION
The order entering judgment for defendant was reversed because defendants' forceful dispossession of plaintiff's plate in an offensive manner was sufficient to constitute a battery.


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