Fisher v. Motor Carrousel Hotel
Facts: The plaintiff alleged that the defendant’s employee forcibly removed a plate from him. The plaintiff desired actual and punitive damages for assault and battery. However, the defendants staff did not make physical contact with the plaintiff; the incident was observed by many of the plaintiffs collogues. The jury returned a verdict of $500 for punitive damages and $400 for actual damages. The trial court halted the verdict decision citing that no actual physical contact was made with the plaintiff.
Issue: Did the trail court hinder the verdicts decision because there was no actual physical contact with the plaintiff? Can actual damages from mental suffering be accounted even though …show more content…
The court altered the lower courts decision and compensated the plaintiff Western Union Telegraph Co. v. Hill
Fact: The plaintiff alleged that the defendant made offensive remarks and attempted to grab his wife and brought a suit against him. Photographs of the office shows that the plaintiff could not have reached the defendant unless he stood on an object or the defendant leaned over. The defendant denied the allegation and the trial court found for the plaintiff.
Issue: Did the trial court err in submitting the question whether assault occurred? Plagiarism Did the plaintiff commit assault
Analysis: The court left the case an open question for the jury due to uncertainty of if the battery was possible. However, an action is considered an assault depending on if there was intentional and unlawful offer or attempt to touch an individual in a harming or offensive approach. In other word, there needs to be an apprehension of imminent battery.
Conclusion: The plaintiff was not acting in accordance with his employment guideline. With further evidence, the court reversed the