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Fisher v. Carrousel Motor Home - Rational The intentional...

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Fisher v. Carrousel Motor Hotel 424 S.W.2d 627 (Tex. 1967) Fact: Procedural Facts: Trial Court awarded Fisher $400 in actual damage, and $500 in exemplary damage. Court of Civil Appeals reversed. Operative Facts: Fisher a black guy from NASA was invited to a one day meeting regarding telemetry equipment by Ampex Co. at the Carrousel. At the buffet style restaurant (located in a hotel), the manger came in and snatched the plate away from Fisher shouting in a loud and offensive manner, that a Negro could not be served in the club. In trial, Fisher won $900 total, and in appeals, it was reversed because the appeals court held that there was no assault because there was no physical contact and no evidence of fear or apprehension of physical contact. Issue: Whether there was a battery. Rule: Battery occurs when Another person willfully causes a harmful or offensive contact.
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Unformatted text preview: Rational: The intentional snatching of an object from one’s hand is an offensive invasion of his person as would be an actual contact with the body. It is long held that, the contact requirement can be fulfilled if there was contact with clothing or an object closely identified with the body. In this case, the plate was closely identified with the body. Also, the person who snatched away the item was a manager of the establishment, which means that the company is liable for the damages. Holding: Narrow Holding: If a person snatches away an object closely identified with the victim’s body and shouts in an offensive manner, then there is a battery. Broad Holding: A person can be held liable if they cause an offensive touching through indirect means, by making contact with objects associated in proximity of the victim. Synthesis: Dissent/Concurrences:...
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