For Your Data Taylor V. Barwick Illustration Brief
November 21, 2020
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Taylor v. Barwick
1997 WL 527970 (Del. Super. Ct. 1997)
Tort Law
1997 WL 527970 (Del. Super. Ct. 1997)
Tort Law
PROCEDURAL HISTORY: Plaintiff inmate together with accused guard each filed motions for summary judgment alongside the courtroom (Delaware), inward the inmates' pro se activity for battery.
FACTS:
- The inmate alleged that a guard poked him alongside a tree branch when the inmate was on his agency into the kitchen.
-The guard admitted the contact, but contended it was accidental.
-After 4 years, the inmate had produced no show of whatsoever injury or harm for which compensatory damages could hold out awarded. The courtroom denied the inmate's motility for summary judgment, together with denied inward business office the guard's motility for summary judgment equally to the entire motion of activity for battery. The courtroom granted the guard's motility inward part, alongside see to the consequence of damages.
HOLDING
Since a battery was essentially an unpermitted touching, together with actual harm was non a necessary chemical component of the proof of a battery, the courtroom could non laissez passer on the sack the activity outright.
RULES
-For a bodily contact to hold out offensive, it must appall a reasonable feel of personal dignity.In enterprise for a contact to hold out offensive to a reasonable feel of personal dignity, it must hold out 1 which would appall the ordinary someone together with equally such 1 non unduly sensitive equally to his personal dignity. It must, therefore, hold out a contact which is unwarranted yesteryear the social usages prevalent at the fourth dimension together with house at which it is inflicted.
ANALYSIS
The courtroom held that on the consequence of damages, the inmate had been given ample fourth dimension to gain show of injury together with had failed to gain so.
-A technical battery, where no injury was involved, justified alone nominal damages. With at that spot beingness no possibility of compensatory damages, the courtroom held that punitive harm would besides hold out improper equally a affair of law.
CONCLUSION: The courtroom denied the inmate's motility for summary judgment. The courtroom denied the guard's motility for summary judgment inward part, but granted it on the consequence of damages. The courtroom ruled that the inmate would hold out entitled to, if anything, alone nominal damages.
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FACTS:
- The inmate alleged that a guard poked him alongside a tree branch when the inmate was on his agency into the kitchen.
-The guard admitted the contact, but contended it was accidental.
-After 4 years, the inmate had produced no show of whatsoever injury or harm for which compensatory damages could hold out awarded. The courtroom denied the inmate's motility for summary judgment, together with denied inward business office the guard's motility for summary judgment equally to the entire motion of activity for battery. The courtroom granted the guard's motility inward part, alongside see to the consequence of damages.
HOLDING
Since a battery was essentially an unpermitted touching, together with actual harm was non a necessary chemical component of the proof of a battery, the courtroom could non laissez passer on the sack the activity outright.
RULES
-For a bodily contact to hold out offensive, it must appall a reasonable feel of personal dignity.In enterprise for a contact to hold out offensive to a reasonable feel of personal dignity, it must hold out 1 which would appall the ordinary someone together with equally such 1 non unduly sensitive equally to his personal dignity. It must, therefore, hold out a contact which is unwarranted yesteryear the social usages prevalent at the fourth dimension together with house at which it is inflicted.
ANALYSIS
The courtroom held that on the consequence of damages, the inmate had been given ample fourth dimension to gain show of injury together with had failed to gain so.
-A technical battery, where no injury was involved, justified alone nominal damages. With at that spot beingness no possibility of compensatory damages, the courtroom held that punitive harm would besides hold out improper equally a affair of law.
CONCLUSION: The courtroom denied the inmate's motility for summary judgment. The courtroom denied the guard's motility for summary judgment inward part, but granted it on the consequence of damages. The courtroom ruled that the inmate would hold out entitled to, if anything, alone nominal damages.
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Interested inward learning how to snuff it the operate yesteryear grades inward your police describe schoolhouse classes? Want to acquire how to written report smarter than your competition? Interested inward transferring to a high ranked school?