Torts Cases

Question 1

Cohen v. Smith

Answer 1

Cohen was touched by a male doctor during a c-section when she requested not to be. She sued for battery and won.

Question 2

Leichtmai v. WLW Jacor Communications

Answer 2

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.

Question 3

Garrett v. Dailey

Answer 3

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.

Question 4

Carey v. Reeve

Answer 4

The court ruled children cannot form intent to harm others.

Question 5

White v. Muniz

Answer 5

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.

Question 6

Baska v. Scherzer

Answer 6

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.

Question 7

Cullision v. Medley

Answer 7

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.

Question 8

Cline v. Cline

Answer 8

“Touching of the mind” constitutes assault

Question 9

Raise v. Doescher

Answer 9

A doctor raises his fist and says “I’m going to get you,” before leaving. Court ruled it was an assault.

Question 10

Snider v. Turk

Answer 10

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.

Question 11

Dickens v. Puryear

Answer 11

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.

Question 12

McCann v. Walmart

Answer 12

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.

Question 13

Gortarez v. Smitty’s Super Valu

Answer 13

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.”

Question 14

Amaral v. Cuppels

Answer 14

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.

Question 15

Sebra v. Wentworth

Answer 15

The defendants trespassed maliciously when they continued to use an easement on the plaintiffs land after a previous court order not to do so.

Question 16

Montgomery v. Devoid

Answer 16

A father was found guild of conversion to chattels for aiding and abetting his son who had stolen several cars.

Question 17

School of Visual Arts v. Kuprewicz

Answer 17

Kuprewicz was a disgruntled employee who clogged the school’s server with pornographic emails and brought it down for awhile. He was found guilty of trespass to chattels.

Question 18

Touchet v. Hampton

Answer 18

Touched taunted Hampton with voicemails and Hampton went to his work and beat him up. He tried to claim self defense and the court ruled that mere-words cannot be cause for fear enough to use force and that the force was excessive.

Question 19

Richardson v. Zuntz

Answer 19

“mere words cannot excuse battery”

Question 20

Katko v. Briney

Answer 20

The defendant set up a spring loaded gun on their property and shot a would-be-thief. The court ruled the use of force was excessive because life and limb are always more important than property.

Question 21

Brown v. Martinez

Answer 21

A farmer shot a boy stealing watermelon on his farm. The court found the farmer couldn’t have feared for his life and therefore his use of force was excessive because once again, life and limb are more important than property.

Question 22

Gortarez v. Smitty’s Super Valu

Answer 22

Gortarez was put in a chokehold by the store owner who thought he had stolen a 99 cent item. While the detention was reasonable, the manner and duration weren’t.

Question 23

McCann v. Walmart

Answer 23

The McCann’s were detained in Walmart for an hour because they were mistaken for a different group of shoplifters. The court ruled the length of the detention was unreasonable.