LexisNexis ® Courtroom Cast ... Spivey v. Battaglia: 258 So.2d 815: Supreme Court of Florida, 1972: Download: Harnden v. Jayco, Inc. 496 F.3d 579 (6th Cir. Trying to tease his colleague Spivey for her shyness, Battaglia put his arm around her and pulled her head toward him. Sign In to view the Rule of Law and Holding. 6 pages. 2d 815, 1972 Fla. Facts --Petitioner… P sued D for negligence, and assault and battery. Where a reasonable man would believe that a particular result was substantially certain to follow, he will be held in the eyes of the law as though he had intended it. Get Spivey v. Battaglia, 258 So.2d 815 (1972), Florida Supreme Court, case facts, key issues, and holdings and reasonings online today. Even an unsolicited hug is viewed as a tort under the law. Thus, the distinction between intent and negligence boils down to a matter of degree. Immediately after this "friendly unsolicited hug," petitioner suffered a sharp pain in the back of her neck and ear, and sharp pains into the base of her skull. Respondent, in an effort to tease petitioner, whom he knew to be shy, intentionally put his arm around petitioner and pulled her head toward him. Negligence is a relative term and its existence must depend in each case upon the particular circumstances which surrounded the parties at the time and place of the events upon which the controversy is based. It cannot be said that a reasonable man in this defendant's position would believe that the bizarre results herein were "substantially certain" to follow. 2007) United States Court of Appeals for the Sixth Circuit, 2007: Download S. CHWARTZ S. T. ORTS. In McDonald, the court, finding an assault and battery, necessarily had to find initially that the results of the defendant's acts were "intentional." Citation. 2d 815, 1972 Fla. LEXIS 3994 (Fla. Jan. 26, 1972) Brief Fact Summary. An action was commenced in the Circuit Court of Orange County, Florida, wherein the petitioners, Mr. and Mrs. Spivey, brought suit against respondent for, (1) negligence, and (2) assault and battery. V. ICTOR . D knew P to be very shy. V, s 4, F.S.A.1 Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. Herrin v. Sutherland Case Brief - Rule of Law: Interference with the airspace over one's property can give rise to an action for trespass. Even an unsolicited hug is viewed as a tort under the law. Accordingly, certiorari is granted; the decision of the district court is hereby quashed and the cause is remanded with directions to reverse the summary final judgment. 2d 815, 1972 Fla. LEXIS 3994 (Fla. Jan. 26, 1972) Brief Fact Summary. The intent with which such a tort liability as assault is concerned is not necessarily a hostile intent, or a desire to do harm. P suffered a sharp pain in the back of her neck and ear and became paralyzed on the left side of her face. Respondent, Mr. Battaglia, filed his answer raising as a defense the claim that his "friendly unsolicited hug" was an assault and battery as a matter of law and was barred by the running of the two-year statute of limitations on assault and battery. This is a rational conclusion in view of the struggling involved there. Click here to remove this judgment from your profile. The district court affirmed on the authority of McDonald v. Ford, supra. 631, 94 A.L.R. The court quoted with approval from the Court of Appeals of Ohio in Williams v. Pressman, 113 N.E.2d 395, at 396 (Ohio App. 2d 308. Petitioner brought suit against the respondent for negligence and assault and battery. See also, Pinkerton-Hays Lumber Co. v. Pope, 127 So.2d 441, 443 (Fla. 1961). As a result, petitioner was paralyzed on the left side of her face and mouth. Restatement (Third) of Torts 1977 In the business of selling/ distributing products, one provides a defective product is liable for harm caused. As the defendant was hurting the plaintiff physically by his embrace, the plaintiff continued to struggle violently and the defendant continued to laugh and pursue his love-making attempts. The trial judge committed error when he granted summary final judgment in favor of the defendant. Ranson v. Kitner 31 Ill. App. This Court did not say liability is permitted only against the employer, or only against the carrier if the allegations go beyond claims handling. Such a misapplication requires review in order to insure uniformity of the law in principle and practice throughout this jurisdiction. This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla. Before confirming, please ensure that you have thoroughly read and verified the judgment. The cause should have been submitted to the jury with appropriate instructions regarding the elements of negligence. Get 1 point on providing a valid sentiment to this Hicks Torts: Intentional Torts Here is a case from my Torts class which explains the concept of an intentional tort or an offensive and harmful contact against an individual. Thus, the distinction between intent and negligence boils down to a matter of degree. As a result, petitioner was paralyzed on the left side of her face and mouth. So.2d 601, 604 (Fla. 1972); Spivey v. Battaglia, 258 So.2d 815, 816 (Fla. 1972); Arlt v. Buchanan, 190 So.2d 575, 577 (Fla. 1966).-5-This Court has said often that its jurisdiction is created by a conflict of decisions, as opposed to a conflict of opinions or reasons supporting a decision.2/ P ended up paralyzed on the left side of her face. Spivey v. Battaglia The court quoted with approval from the Court of Appeals of Ohio in Williams v. Pressman: ". ROBERTS, C.J., and ERVIN and ADKINS, JJ., concur. 2d 308 (Fla. 1962). It will be seen below that there is a misapplication and therefore conflict with McDonald v. Ford, Fla.App., 223 So.2d 553 (2d DCA Fla.1969), vesting jurisdiction 1. Written and curated by real attorneys at Quimbee. 20 Petitioner suffered a sharp pain, followed by paralysis on the left side of her face, after Respondent put his arm around her in a "friendly, unsolicited hug." Defendant put his arm around Plaintiff and pulled her head toward him in a “friendly, unsolicited hug” that ultimately caused Plaintiff to suffer from partial facial paralysis. In the process, plaintiff struck her face hard upon an object that she was unable to identify specifically. This Court did not say liability is permitted only against the employer, or only against the carrier if the allegations go beyond claims handling. spivey v battaglia case citation 258 so2d 815 year 1972 facts 1 defendant hugged plaintiff in the cafeteria at work 2 he knew she was shy and wanted to her embarrass her and or make her feel uncomfortable 3 plaintiff had a sharp pain in the back of her neck and ear and sharp pains into the base of her skull and as a result she 859 F2d 461 United States V Spivey H Openjurist App., 242 So.2d 477 (1971). Get 1 point on adding a valid citation to this judgment. RAWLS, District Court Judge (dissenting): I would discharge writ heretofore issued. Petitioner suffered a sharp pain, followed by paralysis on the left side of her face, after Respondent put his arm around her in a "friendly, unsolicited hug." Gorris v. Scott 9. CitationSpivey v. Battaglia, 258 So. An action was commenced in the Circuit Court of Orange County, Florida, wherein the petitioners, Mr. and Mrs. Spivey, brought suit against respondent for, (1) negligence, and (2) assault and battery. The Fifth District’s Decision Directly and Expressly Conflicts With This Court’s Prior Decisions In its Opinion, the Fifth District affirmatively states submission of a proposed final judgment acts as a bar to appellate review. Class 3 - Spivey v. Battaglia. During the lunch hour several employees of Battaglia Fruit Co., including petitioner and respondent, were seated on a work table in the plant of the company. and Pest Control v. Jenkins, 409 So.2d 1039 (Fla. 1982) (misapplication of the rule announced in Wackenhut v. Canty regarding punitive damages); Spivey v. Battaglia, 258 So.2d 815 (Fla. 1972) (summary judgment ruling that unsolicited hug was an assault as a matter of law rather than a question of fact was a misappli- Case Name Citation Court Audio; Li v. Yellow Cab Co. of California: 532 P.2d 1226: Supreme Court of California, 1975: Download: Tarasoff v. Regents of University of California Accordingly, certiorari is granted; the decision of the district court is hereby quashed and the cause is remanded with directions to reverse the summary final judgment. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Opinion for Spivey v. Battaglia, 258 So. In the instant case, the DCA must have found the same intent. 241 (wolf dog) Spivey v. Battaglia Brief . Use of this website constitutes acceptance of the Terms and Conditions and "). Facts. Spivey v. Battaglia, 258 So.2d 815 (Fla. 1972). This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla. F.E.C. In the instant case, the DCA must have found the same intent. Note: The following opinion was edited by LexisNexis Courtroom Cast staff. As the defendant was hurting the plaintiff physically by his embrace, the plaintiff continued to struggle violently and the defendant continued to laugh and pursue his love-making attempts. It will be seen below that there is a misapplication and therefore conflict with McDonald v. change. The distinction between the unsolicited kisses in McDonald, supra, and the unsolicited hug in the present case turns upon this question of intent. The distinction between the unsolicited kisses in McDonald, supra, and the unsolicited hug in the present case turns upon this question of intent. Acts that might be considered prudent in one case might be negligent in another. App., 242 So.2d 477 (1971). P sued D for negligence, and assault and battery. V, § 4, F.S.A. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. "Apparently the line has been drawn by the courts at the point where the known danger ceases to be only a foreseeable risk which a reasonable man would avoid (negligence), and becomes a substantial certainty." 1 Case Name Citation Court Audio; Dickens v. Puryear: 276 S.E.2d 325 (1981) Supreme Court of North Carolina: Download: Spivey v. Battaglia: 258 So.2d 815: Supreme Court of Florida, 1972 This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla.App., 242 So.2d 477 (1971). In McDonald the incident complained of occurred in the early morning hours in a home owned by the defendant. * Enter a valid Journal (must During the lunch hour several employees of Battaglia Fruit Co., including petitioner and respondent, were seated on a work table in the plant of the company. E. S. CHWARTZ Adjunct Professor of Law, University of Cincinnati College of Law This does not mean that he does not become liable for such unanticipated results, however. The question presented for our determination is whether petitioner's action could be maintained on the negligence count, or whether respondent's conduct amounted to an assault and battery as a matter of law, which would bar the suit under the two-year statute (which had run). During the lunch hour several employees of Battaglia Fruit Co., including petitioner and respondent, were seated on a work table in the plant of the company. This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla. App.. An action was commenced in the Circuit Court of Orange County, Florida, wherein the petitioners, Mr. and Mrs. Spivey, brought suit against respondent for, (1) negligence, and (2) assault and battery. The district court affirmed on the authority of McDonald v. Ford. As recognized in Sullivan v. Liberty Mutual Insurance Co., 367 So.2d 658 It will be seen below that there is a misapplication and therefore conflict with McDonald v. Ford, Fla.App., 223 So.2d 553 (2d DCA Fla. 1969), vesting jurisdiction here under Fla. Const. © 2020 Courtroom Connect, Inc. This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla. It will be seen below that there is a misapplication and therefore conflict with McDonald v. The case falls within our definition, "unexpected injury received in the ordinary performance of a duty in the usual manner is an injury `by accident' within the purview of the Workmen's Compensation Law, without the showing of anything fortuitous." . Get free access to the complete judgment in SPIVEY v. BATTAGLIA FRUIT COMPANY on CaseMine. § 18.2-57(A) (LexisNexis 2009) (setting out penalty for simple assault or assault and battery); Wood v. Commonwealth, 140 S.E. No claim to original U.S. Government Works. Respondent, Mr. Battaglia, filed his answer raising as a defense the claim that his "friendly unsolicited hug" was an assault and battery as a matter of law and was barred by the running of the two-year statute of limitations on assault and battery. Battery 1971 The harmful act of touching someone without their consent. 2d 308. Respondent's motion for summary judgment was granted by the trial court on this basis. This does not mean that he does not become liable for such unanticipated results, however. Spivey v. Battaglia Fruit Company - 138 So. Railway Co. v. McRoberts, 111 Fla. 278, 149 So. P ended up paralyzed on the left side of her face. With those facts before it, the district court held that what actually occurred was an assault and battery, and not negligence. Interact directly with CaseMine users looking for advocates in your area of specialization. Citation Spivey v. Battaglia, 258 So. The trial judge committed error when he granted summary final judgment in favor of the defendant. This is an unreasonable conclusion and is a misapplication of the rule in McDonald. 2d 815 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Get free access to the complete judgment in SPIVEY v. BATTAGLIA FRUIT COMPANY on CaseMine. Petitioner brought suit against the respondent for negligence and assault and battery. The settled law is that a defendant becomes liable for reasonably foreseeable consequences, though the exact results and damages were not contemplated. Taylor v. Vallelunga Case Brief - Rule of Law: For one to recover for emotional distress when she has experienced no physical injury, she must establish that Every Bundle includes the complete text from each of the titles below: 114, 115 (Va. 1927) ("A battery consists of the wilful or unlawful touching of the person of another by the assailant, or by some object set in motion by him. Essentially, the Fifth Get free access to the complete judgment in SPIVEY v. BATTAGLIA FRUIT COMPANY on CaseMine. Please log in or sign up for a free trial to access this feature. 2 [5] Assault and Battery Intent or Knowledge Where known danger ceases to be a foreseeable risk which reasonable man would avoid and becomes substantial certainty, intent is legally implied and conduct becomes an assault rather Spivey v. Battaglia Fruit Company - 138 So. While the plaintiff was looking through some records, the defendant came up behind her, laughingly embraced her and, though she resisted, kissed her hard. Respondent's motion for summary judgment was granted by the trial court on this basis. Hardy v. LaBelle's Distributing Co Case Brief - Rule of Law: While actions or words may give rise to a claim of false imprisonment, the actions or words must Every Bundle includes the … Opinion for Spivey v. Battaglia, 258 So. In McDonald the incident complained of occurred in the early morning hours in a home owned by the defendant. Gray v. Spivey v. Battaglia Supreme Court FL - 1972 Facts: D teasingly put arms around P in lunch room at work. John M. Cain, of Gurney, Gurney Handley, Orlando, for petitioners. It will be seen below that there is a misapplication and therefore conflict with McDonald v. ) were employees of Battaglia FRUIT COMPANY on CaseMine 26, 1972 Fla. LEXIS 3994 ( Fla. 26. However, the intent is legally implied and becomes an assault and battery on CaseMine Opinion was edited LexisNexis... 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