Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. Respondent's motion for summary judgment was granted by the trial court on this basis. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. 2d 815, 1972 Fla. LEXIS 3994 (Fla. Jan. 26, 1972) Brief Fact Summary. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Get free access to the complete judgment in SPIVEY v. BATTAGLIA FRUIT COMPANY on CaseMine. But we cannot agree with that finding in these circumstances. The case falls within our definition, "unexpected injury received in the ordinary performance of a duty in the usual manner is an injury `by accident' within the purview of the Workmen's Compensation Law, without the showing of anything fortuitous." RAWLS, District Court Judge (dissenting): I would discharge writ heretofore issued. Immediately after this "friendly unsolicited hug," petitioner suffered a sharp pain in the back of her neck and ear, and sharp pains into the base of her skull. This is a rational conclusion in view of the struggling involved there. Privacy Policy. Gray v. Spivey v. Battaglia Immediately after this "friendly unsolicited hug," petitioner suffered a sharp pain in the back of her neck and ear, and sharp pains into the base of her skull. Where a reasonable man would believe that a particular result was substantially certain to follow, he will be held in the eyes of the law as though he had intended it. It will be seen below that there is a misapplication and therefore conflict with McDonald v. Spivey v. Battaglia, Fla.App., 242 So.2d 477 (1971). John M. Cain, of Gurney, Gurney Handley, Orlando, for petitioners. The trial judge committed error when he granted summary final judgment in favor of the defendant. This gesture caused her pain and partial facial paralysis. Hicks Torts: Intentional Torts Here is a case from my Torts class which explains the concept of an intentional tort or an offensive and harmful contact against an individual. Virginia: Va. Code Ann. P suffered a sharp pain in the back of her neck and ear and became paralyzed on the left side of her face. This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla. art. "). 2d 815 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla.App., 242 So.2d 477 (1971). This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla.App., 242 So.2d 477 (1971). P sued D for negligence, and assault and battery. This is an unreasonable conclusion and is a misapplication of the rule in McDonald. It would thus be an assault (intentional). Get Spivey v. Battaglia, 258 So.2d 815 (1972), Florida Supreme Court, case facts, key issues, and holdings and reasonings online today. Jenkins v. State, 385 So.2d 1356 (Fla. 1980). During the lunch hour several employees of Battaglia Fruit Co., including petitioner and respondent, were seated on a work table in the plant of the company. P sued D for negligence, and assault and battery. But we cannot agree with that finding in these circumstances. Negligence is a relative term and its existence must depend in each case upon the particular circumstances which surrounded the parties at the time and place of the events upon which the controversy is based. In the latter case, the intent is legally implied and becomes an assault rather than unintentional negligence. Battery 1971 The harmful act of touching someone without their consent. D knew P to be very shy. Please log in or sign up for a free trial to access this feature. Defendant put his arm around Plaintiff and pulled her head toward him in a “friendly, unsolicited hug” that ultimately caused Plaintiff to suffer from partial facial paralysis. In case of any confusion, feel free to reach out to us.Leave your message here. An action was commenced in the Circuit Court of Orange County, Florida, wherein the petitioners, Mr. and Mrs. Spivey, brought suit against respondent for, (1) negligence, and (2) assault and battery. 631, 94 A.L.R. an assault and battery is not negligence, for such action is intentional, while negligence connotes an unintentional act.". Acts that might be considered prudent in one case might be negligent in another. Case Name, Citation Number, Author Spivey v. Battaglia 258 So. ROBERTS, C.J., and ERVIN and ADKINS, JJ., concur. Even an unsolicited hug is viewed as a tort under the law. Respondent, in an effort to tease petitioner, whom he knew to be shy, intentionally put his arm around petitioner and pulled her head toward him. Acts that might be considered prudent in one case might be negligent in another. Respondent's motion for summary judgment was granted by the trial court on this basis. Class 3 - Spivey v. Battaglia. Spivey v. Battaglia Fruit Company, 138 So. V. ICTOR . 2d 815 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. The intent with which such a tort liability as assault is concerned is not necessarily a hostile intent, or a desire to do harm. It cannot be said that a reasonable man in this defendant's position would believe that the bizarre results herein were "substantially certain" to follow. In the process, plaintiff struck her face hard upon an object that she was unable to identify specifically. An action was commenced in the Circuit Court of Orange County, Florida, wherein the petitioners, Mr. and Mrs. Spivey, brought suit against respondent for, (1) negligence, and (2) assault and battery. With those facts before it, the district court held that what actually occurred was an assault and battery, and not negligence. Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. 45, 47 (Fla. 1912). The cause should have been submitted to the jury with appropriate instructions regarding the elements of negligence. Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. Spivey v. Battaglia Brief . Interact directly with CaseMine users looking for advocates in your area of specialization. W. Prosser, Law of Torts, p. 32 (3d ed. Thus, the distinction between intent and negligence boils down to a matter of degree. Spivey v. Battaglia, 258 So.2d 815 (Fla. 1972). Respondent, Mr. Battaglia, filed his answer raising as a defense the claim that his "friendly unsolicited hug" was an assault and battery as a matter of law and was barred by the running of the two-year statute of limitations on assault and battery. 20 Petitioner suffered a sharp pain, followed by paralysis on the left side of her face, after Respondent put his arm around her in a "friendly, unsolicited hug." 138 So. An action was commenced in the Circuit Court of Orange County, Florida, wherein the petitioners, Mr. and Mrs. Spivey, brought suit against respondent for, (1) negligence, and (2) assault and battery. The district court affirmed on the authority of McDonald v. Ford, supra. INTENT CASE hug between coworkers case that caused paralysis of plaintiff's face. 2d 815, 1972 Fla. LEXIS 3994 (Fla. Jan. 26, 1972) Brief Fact Summary. LexisNexis ® Courtroom Cast ... Spivey v. Battaglia: 258 So.2d 815: Supreme Court of Florida, 1972: Download: Harnden v. Jayco, Inc. 496 F.3d 579 (6th Cir. The district court affirmed on the authority of McDonald v. Ford. Spivey v Battaglia. P ended up paralyzed on the left side of her face. It will be seen below that there is a misapplication and therefore conflict with McDonald v. The intent with which such a tort liability as assault is concerned is not. Case Name, Citation Number, Author Spivey v. Battaglia 258 So. 1 contains alphabet). The district court affirmed on the authority of McDonald v. Ford, supra. 1953): The intent with which such a tort liability as assault is concerned is not necessarily a hostile intent, or a desire to do harm. Spivey v Battaglia —D teasingly put his arm around P, whom he knew to be very shy. During the lunch hour several employees of Battaglia Fruit Co., including petitioner and respondent, were seated on a work table in the plant of the company. S. CHWARTZ S. T. ORTS. Spivey v. Battaglia Fruit Company - 138 So. Christopher v. Russell, 63 Fla. 191, 58 So. App., 242 So.2d 477 (1971). Remanded w instruction to reverse summary judgment bc outcome was not foreseeable and therefore no cause of action. 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