Fisher v. Carrousel Motor Hotel, Inc. Supreme Court of Texas, 1967 424 S.W.2d 627. Facts : Plaintiff is a mathematician and was attending a conference at the Defendant’s hotel. During lunch which happened to be a buffet, one of Defendant’s employees snatched the plate from his hand and shouted that a “Negro could not be served in the club.” Plaintiff was not actually touched, but was highly embarrassed. Plaintiff sued. Procedural History : Trial Court Jury returned a verdict for $400 actual damages for his humiliation and indignity, and $500 in punitive damages. Trial Court set aside the verdict and ruled in favor of the Defendants. Court of Appeals affirmed and the Plaintiff appealed to the Supreme Court. Issues : Did the Trial Court error by setting aside the verdict returned by the Jury? Holding (and Judgment): Yes the Trial Court did error. Supreme Court held that Plaintiff was entitled to actual damages for mental suffering due to the willful battery, even in the absence of any physical injury. (Court held the defendant corporation liable
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- Fall '14
- Marie Boyd
- Supreme Court of the United States, Trial court