Wallace v. Rosen

Court of Appeals of Indiana, 2002.

765 N.E.2d 192.

Facts

During a fire drill at a high school, parent and Plaintiff, Wallace, fell down the stairs of a school stairwell after teacher and Defendant, Rosen, touched her on the shoulder after Rosen was unable to get the Plaintiff’s attention to move out of the way by yelling out for her to move.

Issue

Whether the trial court made the mistake of not introducing the concept of battery and having it apply to the action between the Defendant and the Plaintiff.

Arguments for Both Parties

The plaintiff states that the trial court erred in their decision to bar the concept of battery as an appropriate legal theory to analyze the actions that occurred between the parties.

The defendant argues that the trial court did not err in their decision.

Holding

The court holds that the trial court did not err in forgoing the instruction of battery to the jury. That furthermore, any person standing in the middle of a stairwell during a fire-drill should expect a reasonable amount of person-to-person contact.

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