Garratt v. Dailey 279 P.2d 1091 (Wash. 1955) Parties: Plaintiff – Ruth Garratt – Person who was visiting sister who was about to sit down on chair. Defendant – Brian Dailey – Child who pulled chair from Plaintiff. Facts: Five-year-old Brian Dailey was visiting P and her sister in the backyard of P’s home. D moved a lawn chair a few feet sideways in order to sit. P, who was about to sit on the same lawn chair that D was sitting in, fell to the ground sustaining hip fracture and other injuries. Procedural Posture: Trial court dismissed P’s claim. P appeals and is asking for damages of $11,000 or for a new trial. Issue: Whether D had knowledge of the fact that his action of moving the chair would cause P to fall and become injured? Holding: The court remands the case for clarification over D’s knowledge of his actions. Legal Reasoning: A battery would be committed if in addition to P’s fall, it was proved that D moved the chair and that he knew that with substantial certainty that the P would attempt to sit down where the chair was. Even if there were no intent from the D to commit harm to P, if he had knowledge of the fact that his actions would cause P injury would be enough for him to commit battery. Without knowledge, there would be noting wrong about D’s act of moving the chair.
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