SPIVEY V. BATTAGLIA

Supreme Court of Florida, 1972.

258 So.2d 815

Facts

Defendant Battaglia, “in an effort to tease” Plaintiff (Spivey), gave a “friendly unsolicited hug” to the Plaintiff and the Plaintiff received unintended injuries resulting in paralysis on the left side of her face.

Procedural History

In the Circuit Court of Orange Count court granted summary judgment to Defendant stating that his actions were assault and battery and that because the statute of limitations had already run its course for that charge, that the Plaintiff’s motion for a charge of negligence was moot. The appellate court affirmed this decision.

Issue

Is the action of the defendant negligent or intentional?

Holding

The court holds that the defendant’s actions were negligent because a reasonable man could not have predicted the result of his actions. That furthermore, the result was clearly unintentional and an unintentional result (from the perspective of a reasonable man) is negligence.

Reasoning behind Holding

The court holds that a reasonable man could not foresee the events that occurred here in this case, and that changes the action from being one of assault and battery to one of negligence.

Rule

Most results that are unintended and also unforeseeable by a reasonable person are actions of negligence.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s