Torts Cases Flashcards
Cohen v. Smith
Cohen was touched by a male doctor during a c-section when she requested not to be. She sued for battery and won.
Leichtmai v. WLW Jacor Communications
A talk show host blew smoke in the face of an anti-smoking advocate’s face. The advocate sued for battery and the court ruled that smoke could be considered a battery because it has particles.
Garrett v. Dailey
A child pulled a chair out from under his aunt. The appellate court remanded it to the lower court to determine if the child knew his actions could result in damage or harm.
Carey v. Reeve
The court ruled children cannot form intent to harm others.
White v. Muniz
An 83 year old woman with dementia struck an assisted living facility worker who was trying to change her diaper. The worker sued for battery but the court ruled the old woman couldn’t be held liable because she couldn’t fulfill the intent requirement or didn’t know here actions would cause harm.
Baska v. Scherzer
A woman got between two men fighting and was struck. According to transferred intent, she had a case but the statute of limitations had passed.
Cullision v. Medley
A man was sleeping with a young girl and her whole family came to his trailer to threaten him at his trailer. They outnumbered him and one kept a hand on his gun. Court ruled that was an assault.
Cline v. Cline
“Touching of the mind” constitutes assault
Raise v. Doescher
A doctor raises his fist and says “I’m going to get you,” before leaving. Court ruled it was an assault.
Snider v. Turk
A male doctor pulled a nurse close to an open wound and shouted “I’m working in a hole here! I need long instruments!” Court ruled it was an offense to personal dignity and therefore a battery.
Dickens v. Puryear
A man beat a man and threaten to castrate him while holding a knife. He also told him to go home and leave town or he would be killed. They ruled the castration comments were assault but the other threats weren’t.
McCann v. Walmart
A family was detained in Walmart because they were mistaken for previous shoplifters. They felt they were unable to leave and asked to use the restroom and couldn’t. That was enough for the judge to find a false imprisonment claim.
Gortarez v. Smitty’s Super Valu
After being suspected of shoplifting, Gortarez was put in a chokehold by the store owner and required hospitalization. The first court ruled for the plaintiff and the second court remanded it to determine if the choke hold was “reasonable.”
Amaral v. Cuppels
The court ruled for a homeowner who was tired of gold balls landing on his property. They said the gold course should build a fence or buy more land to avoid future trespass cases.
Sebra v. Wentworth
The defendants trespassed maliciously when they continued to use an easement on the plaintiffs land after a previous court order not to do so.