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Martin PC2 Brief - Martin(plaintiff A charge of battery...

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Martin Wishnatsky v. General David Huey Issue : Should summary judgment be given to Huey, who closed the door in Wishnatsky causing the plaintiff no physical injury? Rule : Summary judgment to reach a judgment in a civil case before a trial. Summary judgment is granted when no significant issue of material fact be entitle to judgment as a matter of law. Battery is the intentional and harmful or offensive touching of another without his consent. The intent to cause harmful or offensive contact or to cause apprehension that such contact is imminent. Application : When Huey (defendant) closed the door, he had no intent to cause harm or offense against the
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Unformatted text preview: Martin (plaintiff). A charge of battery requires the intent to cause harm, offense or apprehension to such contact. Even though Huey (defendant) was unaware he offended, shocked and frightened Martin (plaintiff). Battery does not require for the plaintiff to suffer a physical injury. The plaintiff was offended, shocked, and frightened as a result of Huey's action. Conclusion : Summary judgment should be granted to Huey, because Huey had no intent to cause Martin any harm or offense when he closed the door....
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