Docstoc

Fisher v. Carrousel Motor Hotel Inc

Document Sample
Fisher v. Carrousel Motor Hotel Inc Powered By Docstoc
					                         Fisher v. Carrousel Motor Hotel, INC.

                             424 S.W.2d 627 (Tex. 1967)



Parties:

              Plaintiff – Fisher – African American mathematician for NASA.

              Defendant – Carrousel Motor Hotel Inc. – Company that employed
              Robert W. Flynn, manager of the Brass Ring Club (place where P ate
              lunch).

Facts:

       Ampex Corporation and Defense Electronics invited P to a meeting and a
lunch about telemetry equipment at D’s hotel. After the meeting, the group of 25 to
30 individuals went to eat lunch at the Brass Ring Club, a eatery owned by D. As P
was about to be served, Robert Flynn, an employee of the D, who snatched the plate
from P’s hand and shouted that he couldn’t be served at the club because of his race.
Even though Flynn did not physically touch P, P did become highly embarrassed and
hurt by Flynn’s actions in front of his associates.

Procedural Posture:

      Trial court jury found in favor for P. Trial court rendered judgment for the
defendants notwithstanding the verdict. The Court of Civil Appeals affirmed.

Issue:

       Whether the contact committed by D could be construed as battery against
the P even though P was never physically touched?

      Whether the P could recover actual damages for mental suffering even
though he had no physical injury?

Holding:

        The court holds that D was liable for battery even though he just grabbed a
plate. The court also finds that P was entitled to actual damages resulting from
mental suffering.

        The judgment of the courts below are reversed and judgment is entered for
the P for $900 with interest from the start date of the trial and also court costs for
the suit.

Legal Reasoning:
Issue 1 – Legal Reasoning

        Actual physical contact isn’t necessary to constitute battery just as long as
there is contact with anything closely identified with the body. Anything directly
grasped by the hand that are so intimately connected with one’s body as to be
universally regarded as part of the person. Contact with the P’s clothing or any
object held in his hand would be sufficient. Knocking or snatching anything from the
P’s hand or touching anything connected with his person when done in an offensive
manner is enough for battery.

Issue 2 – Legal Reasoning

       D is not only liable for contacts that do actual physical harm, but also for
those, which are offensive and insulting.

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:82
posted:9/30/2010
language:English
pages:2