Issues did the trial court err in dismissing the

Issues : Did the trial court err in dismissing the Plaintiff’s claims regarding the
intentional tort of battery? Did the Defendant know with a clear and substantial certainty
that his act of moving the chair would result in the injury of the Plaintiff? Can a five-
year-old child be liable for battery?
Holding (and Judgment): The Appellate Court found no merit in the Plaintiff’s
contention to direct the entry of a judgment of $11,000. The court said there was not
enough to warrant a new trial. The case was remanded for clarification with instructions
to decide whether the Defendant knew with a substantial certainty that the Plaintiff would
try to sit down where the chair was originally placed. If the findings justify a change, the
trial court is to alter the judgment. Yes a five year old can be liable for battery if he or
she committed a wrongful act with a substantial certainty of intent.
(Remanded for clarification.) (On remand, the trial judge found that the woman had
begun the slow process of sitting down when the Defendant removed the chair, showing
that he knew with a substantial certainty where the Plaintiff would try to sit.