University:
Boston University
Course:
LAW AM 700 | Intro to American Law
Academic year:

2022
Views:

348

Pages:

1
Author:

Charlee Buchanan

Case Name Fisher v. Carrousel Motor Hotel, Inc. Court & Date Supreme Court of Texas, 1967 Procedural History After trial, a jury rendered a verdict for Fisher. Fisher filed a motion for judgment on the verdict; Carrousel filed a motion for judgment that Fisher take nothing, asserting that as a matter of law the acts complained of, committed by Flynn, did not constitute an assault or other actionable cause. The trial court overruled Fisher's motion for judgment and granted Carrousel's motion that Fisher take nothing. Fisher appealed. Questioned Presented (The Issue) Did the trial court correctly set aside the jury’s verdict because there was no physical contact made between the two parties? Can the plaintiff recover damages for the emotion distress he suffered? -Defendants employee forcibly removed a plate from the plaintiffs hand without touching the plaintiff. -Plaintiff sued for assault and battery to seek damages. Trigger Facts Plaintiffs argument(s) While dining at the Defendants hotel, the Plaintiff claims that an employee of the defendant approached him, violently seized his dinner plate, and shouted in a loud and offensive manner, that since he was African-American, he could not be served there. Many of the plaintiff’s colleagues witnesses this interaction, which resulted in him suffering great mental anguish and humiliation. Defendant's Argument(s) Defendant denies the interaction occurred. The employee in question, Flynn, was deceased at the time of the trial. Rule (The Law) A plaintiff may recover for battery even when not physically touched so long as the defendant committed an act of unwanted invasion of personal space. Reasoning Unwanted and intention invasion of ones personal space through removal of an object is battery, even without physical contact. Holding The trial court’s decision was reversed and the verdict reinstated. Main Take Away The Court suggests that any objects grasped by a person are considered part of “the person” for the purposes of battery.