Torts Spivey v. Battaglia Names of Parties: The Court: SC of Florida Date:1972 Cause of Action: Negligence and/or assault and battery Facts: (P) and (D) worked at Battalgia Fruit Co.. During the lunch hour, in an effort to tease the (P) put his arm around her and pulled her head toward him. Immediately after this “friendly unsolicited hug”, (P) felt a sharp pain in her neck, ear, and base of her skull. As a result she became paralyzed on the left side of her face and mouth. Differing Allegations (if any): (D) alleged that he did commit and assault and battery charge against the (P) comparing his actions against the McDonald case. Prior Procedural History: Action was commenced in Circuit Court of Orange County Florida where (P) brought suite for (1) negligence and (2) assault and battery. - (D) claimed that the hug was assault and battery, thusly being barred from the 2 year statute on limitations of assault and battery. - (D) motion for summary judgment was granted. Issues: Did (D) commit an act of assault and battery? Could the (D) reasonably predicted or intended the ensuing results from his actions? Can an admitted intended act be considered negligence? Courts Decision: Judged reversed the summary judgment and granted certiorari. Reasoning: The court ruled that the (D) could not have reasonably foreseen the resulting damages of his actions therefore the courts initial ruling using the authority of the McDonald case are in error. “Apparently the line has been drawn by the courts at the point where the known danger ceases to be only a foreseeable risk which a reasonable man would avoid (negligence), and becomes a substantial certainty.” The (D) could not have foreseen the events that followed which would warrant and exclusion from an assault and battery charge. Certiorari is one of the two ways to have a case from a U.S. Court of Appeals reviewed by the U.S. Supreme Court. Certification is the other. The Supreme Court may also use certiorari to review a decision by a state's highest court when there is a question as to the validity of a federal treaty or statute, or of a state statute on constitutional grounds. Certiorari is also used within state court systems.