Torts Cases

Garrat v. Dailey facts

Young boy pulled chair out from a woman who fell and was injured as a result. He apparently tried to put the chair back when he saw her going to sit down, but could not get the chair to move back in time because of his age. remanded to see if he had knowledge with a substantial certainty

Garrat v. Dailey rule

If the actor has knowledge to a substantial certainty that the contact will occur from his/her actions, that is enough to establish the requisite intent of an intentional tort.

wagner v state facts

A mentally disabled patient under care of the state pulled the hair of plaintiff, causing her to fall and get injured. it was ruled a battery, rather than negligence. the state was immune to intentional torts, so the case was dismissed.

wagner v state rule

Intent to make contact is sufficient for battery, regardless of whether the defendant intended for the contact to be harmful.

McGuire v. Almy facts

Plaintiff, a registered nurse, was hired to care for Defendant, an insane person. P had been caring for D for many months with no violent episodes. one night, Defendant had a violent attack and threatened to kill anyone that came into the room. when plaintiff did enter to keep defendant from hurting herself, defendant struck Plaintiff with a piece of furniture. Plaintiff brought suit against Defendant for assault and battery and won.

mcquire v almy rule

Where an insane person by his act does intentional damage to the person or property of another, he is liable for that damage in the same circumstance in which a normal person would be liable. Mental illness is not a defense.