Fisher v. Carrousel Motor Hotel
Supreme Court of TX - 1967
- P was a mathematician with NASA attending a conference at D's hotel.
- While in the buffet line, P was approached by an employee of D who snatched the plate from his hand and shouted that "a Negro could not be served in the club."
- The employee did not make physical contact with P, but P was highly embarrassed and offended in front of his colleagues.
- P sued D for battery.
- Trial court found for P, judge set aside the verdict.
- TX COA affirmed, found for D.
- TX Supreme Court reversed, found for P.
- Does the snatching or knocking of an object closely attached to an individual constitute battery even though there was no actual physical contact to the individual's body?
- The snatching or knocking of an object closely attached to an individual constitutes battery even though there was no actual physical contact to the individual's body.
- The essence of P's complaint in a case of battery is the offense to the dignity of the person because of the unpermitted touching.
- Intentional and offensive touching of anything that is so closely connected to the body of a person is to be viewed as part of the person.
- In action based in battery, damages for mental suffering are recoverable without a showing of actual physical harm.
- Touching of "objects" can constitute battery (like clothing).
- Extended the definition of "the person of another." (means anything closely related to a person so that it could be considered part of that person). Prof argues that this is a slippery slope.
- Did not use IIED.