Garratt v. Dailey tort case by Mateo Herrera

Garratt v. Dailey

mherrera33213 — 2016-02-01 14:57:26 UTC

This tort case falls under intentional torts as a Battery

Why its an intentional tort case

mherrera33213 — 2016-02-01 15:01:13 UTC

Under the Restatement of Torts an actor who commits a direct or indirect act which is the legal cause of a harmful contact with another is liable if: 1) the act is done with the intention of bringing about a harmful or offensive contact or an apprehension thereof to the other or a third person, and 2) the contact is not consented to by the other or the other’s consent thereto is procured by fraud or duress, and 3) the contact is not otherwise privileged.

Events

mherrera33213 — 2016-02-01 15:03:55 UTC

Five year-old Brian Dailey visited Naomi Garrett at her sister Ruth’s home. The later contends that as she was about to sit on a lawn chair, Dailey pulled it out from under her causing her injury. The Superior Court for Pierce County (Washington) found in favor of defendant in an action for assault and battery and Plaintiff appealed.

Plaintiff

mherrera33213 — 2016-02-01 15:05:23 UTC

Ruth Garratt, brought suit for personal injuries and alleged that Dailey had acted deliberately.

Defendent

mherrera33213 — 2016-02-01 15:08:39 UTC

Brian Dailey, pulled a chair out from under Ruth Garratt just as she was about to sit causing her to fall and break her hip.

Damage awards

mherrera33213 — 2016-02-01 15:12:12 UTC

The court made a finding of $11,000 in damages in case the judgment was overturned on appeal. Dailey appealed.

Case file

mherrera33213 — 2016-02-03 14:34:11 UTC

46 Wash. 2d 197, 279 P.2d 1091 (Wash. 1955).