Garratt v. Dailey.docx - Case Brief for Garratt v Dailey Case Name Supreme Court of Washington(1955 46 Wash.2d 197 279 P.2d 1091 Facts Plaintiff Ruth

Garratt v. Dailey.docx - Case Brief for Garratt v Dailey...

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Case Brief for Garratt v. Dailey Case Name : Supreme Court of Washington (1955) 46 Wash.2d 197, 279 P.2d 1091. Facts : Plaintiff Ruth Garratt contends that five-year-old Brian Dailey, the Defendant, deliberately pulled a chair out from under her, causing her to fall and fracture her hip. It is stated that when the Defendant saw Ms. Garratt about to sit down, he pushed the chair back toward her, but not in time. Ms. Garratt brought suit for her personal injuries alleging battery against the Defendant. The trial court held that the Plaintiff failed in her proof of her theory of battery. Still, the court made of finding of $11,000 in damages. Procedural History : The trial court dismissed the Plaintiff’s case stating the Defendant did not have any willful or unlawful purpose in moving the chair and that he did not have any intent to injure the Plaintiff. The Plaintiff appealed the judgment dismissing the action and asked for an entry of a judgment in the amount of $11,000 or a new trial.
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