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o The court said the award of punitive damages in this case serves the
purpose of limiting the defendants ability to profit from its fraud by
escaping detection and private prosecution; district courts judgment is
in favor of plaintiffs affirmed
o Motel 6 could have also been sued by someone else in the hotel who
got bitten for the exact same reason
Battery is the intentional and harmful or offensive touching of another
without his consent; contact is harmful if it produces bodily injury and
nonharmful contact is offensive to offend a reasonable sense of personal
dignity
o The intent for battery is either (1) intent to cause harmful or offensive
contact (2) intent to cause apprehension that such contact is imminent
o Plaintiff need not be aware of battery at the time it occurs
Transferred intent say you had intent to hit Joe with a marker but missed
and hit Lucy your intent is then passed on to Lucy
Defenses to battery; consent to battery but clearly not consent to be killed,
self-defense
Assault occurs when there is an intentional attempt or offer to cause a
harmful or offensive contact with another, if that attempt or offer causes
reasonable apprehension of imminent batter in the other persons mind
o Im about to be hit
o it has to be here and now; apprehension of an imminent battery; the
battery doesnt have to even happen
Most courts today allow recovery for severe emotional distress
9/22/15 Class Notes
Katko v. Briney
o Can you use deadly force to protect property NO, you can use it to
protect yourself
o Katko was in hospital for 40 days, 2 different braces for over a year, leg
shortening so permanent limp
o Served crimes and then sued the Brineys; Katko was awarded 30,000
o Court notices that in many states the Brineys would be criminally
prosecuted for what they did
Howard v. Wilson
o Statute of Limitations for most battery cases it is a year, but for most
negligence cases it is 4 years
o She tries to change her case to negligence which is clearly a battery
o The denial of motion to dismiss reversed
Lourcey v. Estate of Scarlett
o Ms. Scarlett was having a seizure and Lourcey tries to help; Mr. Scarlett
shoots Ms. Scarlett then look Lourcey straight in the eyes and shoots
himself
9/24/15 Class Notes
False imprisonment is the intentional confinement of another person for an
appreciable time (a few minutes is enough) without his consent
- In its simplest version it is kidnapping