Accordingly, certiorari is granted; the decision of the district court is hereby quashed and the cause is remanded with directions to reverse the summary final judgment. Even an unsolicited hug is viewed as a tort under the law. 2d 308. This gesture caused her pain and partial facial paralysis. Spivey sued Battaglia for negligence and assault and battery. Hicks Torts: Intentional Torts Here is a case from my Torts class which explains the concept of an intentional tort or an offensive and harmful contact against an individual. 2d 815, 1972 Fla. Facts --Petitioner… Respondent, in an effort to tease petitioner, whom he knew to be shy, intentionally put his arm around petitioner and pulled her head toward him. I. The intent with which such a tort liability as assault is concerned is not. E. S. CHWARTZ Adjunct Professor of Law, University of Cincinnati College of Law 2d 815, 1972 Fla. LEXIS 3994 (Fla. Jan. 26, 1972) Brief Fact Summary. C A S E S A N D M A T E R I A L S. P. ROSSER, W. ADE AND . an assault and battery is not negligence, for such action is intentional, while negligence connotes an unintentional act.". This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla.App., 242 So.2d 477 (1971). 114, 115 (Va. 1927) ("A battery consists of the wilful or unlawful touching of the person of another by the assailant, or by some object set in motion by him. This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla. LexisNexis ® Courtroom Cast ... Spivey v. Battaglia: 258 So.2d 815: Supreme Court of Florida, 1972: Download: Harnden v. Jayco, Inc. 496 F.3d 579 (6th Cir. F.E.C. Use of this website constitutes acceptance of the Terms and Conditions and Case Name, Citation Number, Author Spivey v. Battaglia 258 So. Get free access to the complete judgment in SPIVEY v. BATTAGLIA FRUIT COMPANY on CaseMine. P sued D for negligence, and assault and battery. 2d 815, 1972 Fla. Facts --Petitioner… Spivey v. Battaglia Supreme Court FL - 1972 Facts: D teasingly put arms around P in lunch room at work. Essentially, the Fifth McBurnette v. Playground Equipment, 137 So.2d 563, 565 (Fla. 1962); State v. Coffey, 212 So.2d 632 (Fla. 1968). Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. P suffered a sharp pain in the back of her neck and ear and became paralyzed on the left side of her face. As a result, petitioner was paralyzed on the left side of her face and mouth. This is an unreasonable conclusion and is a misapplication of the rule in McDonald. "Apparently the line has been drawn by the courts at the point where the known danger ceases to be only a foreseeable risk which a reasonable man would avoid (negligence), and becomes a substantial certainty." In the latter case, the intent is legally implied and becomes an assault rather than unintentional negligence. Based on the theory that either there never was an oral agreement or if there; Saint Vincent College; BA 340 - Fall 2013. Spivey v. Battaglia 258 So.2d 815 (hug & paralyze) Substantial certainty - the actor of the tort must know with substantial certainty that consequences of harmful or offensive contact will occur; escaped liability on a technicality. Citation Spivey v. Battaglia, 258 So. Christopher v. Russell, 63 Fla. 191, 58 So. Respondent's motion for summary judgment was granted by the trial court on this basis. Western Union Telegraph Co. v. Hill Case Brief - Rule of Law: For assault to occur, there must be an intentional and unlawful offer or attempt to touch Every Bundle … Respondent's motion for summary judgment was granted by the trial court on this basis. During the lunch hour several employees of Battaglia Fruit Co., including petitioner and respondent, were seated on a work table in the plant of the company. Respondent, in an effort to tease petitioner, whom he knew to be shy, intentionally put his arm around petitioner and pulled her head toward him. P ended up paralyzed on the left side of her face. John M. Cain, of Gurney, Gurney Handley, Orlando, for petitioners. Facts. "). As recognized in Sullivan v. Liberty Mutual Insurance Co., 367 So.2d 658 Ranson v. Kitner 31 Ill. App. The court quoted with approval from the Court of Appeals of Ohio in Williams v. Pressman, 113 N.E.2d 395, at 396 (Ohio App. It will be seen below that there is a misapplication and therefore conflict with McDonald v. The district court affirmed on the authority of McDonald v. Ford. Respondent's motion for summary judgment was granted by the trial court on this basis. Petitioner suffered a sharp pain, followed by paralysis on the left side of her face, after Respondent put his arm around her in a "friendly, unsolicited hug." Interact directly with CaseMine users looking for advocates in your area of specialization. No claim to original U.S. Government Works. P ended up paralyzed on the left side of her face. Hubert I. Sears, Jr., of Maguire, Voorhis Wells, Orlando, for respondent. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Privacy Policy. ROBERTS, C.J., and ERVIN and ADKINS, JJ., concur. In case of any confusion, feel free to reach out to us.Leave your message here. Jenkins v. State, 385 So.2d 1356 (Fla. 1980). Respondent, Mr. Battaglia, filed his answer raising as a defense the claim that his "friendly unsolicited hug" was an assault and battery as a matter of law and was barred by the running of the two-year statute of limitations on assault … Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. Case Name Citation Court Audio; Dickens v. Puryear: 276 S.E.2d 325 (1981) Supreme Court of North Carolina: Download: Spivey v. Battaglia: 258 So.2d 815: Supreme Court of Florida, 1972 Class 3 - Spivey v. Battaglia; Saint Vincent College; BA 340 - Fall 2013. Spivey v. Battaglia This is a rational conclusion in view of the struggling involved there. Hardy v. LaBelle's Distributing Co Case Brief - Rule of Law: While actions or words may give rise to a claim of false imprisonment, the actions or words must Every Bundle includes the … . Hardy v. LaBelle's Distributing Co Case Brief - Rule of Law: While actions or words may give rise to a claim of false imprisonment, the actions or words must Every Bundle includes the complete text from each of the titles below: The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Spivey v Battaglia. This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla.App., 242 So.2d 477 (1971). 2 [5] Assault and Battery Intent or Knowledge Where known danger ceases to be a foreseeable risk which reasonable man would avoid and becomes substantial certainty, intent is legally implied and conduct becomes an assault rather So.2d 601, 604 (Fla. 1972); Spivey v. Battaglia, 258 So.2d 815, 816 (Fla. 1972); Arlt v. Buchanan, 190 So.2d 575, 577 (Fla. 1966).-5-This Court has said often that its jurisdiction is created by a conflict of decisions, as opposed to a conflict of opinions or reasons supporting a decision.2/ Get 2 points on providing a valid reason for the above W. Prosser, Law of Torts, p. 32 (3d ed. The court quoted with approval from the Court of Appeals of Ohio in Williams v. Pressman: ". Spivey v. Battaglia Fruit Company, 138 So. Get free access to the complete judgment in SPIVEY v. BATTAGLIA FRUIT COMPANY on CaseMine. Please log in or sign up for a free trial to access this feature. The settled law is that a defendant becomes liable for reasonably foreseeable consequences, though the exact results and damages were not contemplated. But we cannot agree with that finding in these circumstances. 45, 47 (Fla. 1912). Spivey v. Battaglia, 258 So.2d 815 (Fla. 1972); and Pinkerton-Hays Lumber Co. v. Pope, 127 So.2d 441 (Fla. 1961). This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla. Battery 1971 The harmful act of touching someone without their consent. 6 pages. The intent with which such a tort liability as assault is concerned is not necessarily a hostile intent, or a desire to do harm. However, the knowledge and appreciation of a risk, short of substantial certainty, is not the equivalent of intent. It will be seen below that there is a misapplication and therefore conflict with McDonald v. Ford, Fla.App., 223 So.2d 553 (2d DCA Fla. 1969), vesting jurisdiction here under Fla. Const. Gorris v. Scott 9. § 18.2-57(A) (LexisNexis 2009) (setting out penalty for simple assault or assault and battery); Wood v. Commonwealth, 140 S.E. During the lunch hour several employees of Battaglia Fruit Co., including petitioner and respondent, were seated on a work table in the plant of the company. V, s 4, F.S.A.1 Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. Note: The following opinion was edited by LexisNexis Courtroom Cast staff. Written and curated by real attorneys at Quimbee. Enright v. Groves Case Brief - Rule of Law: Conviction of the crime for which one is arrested bars a subsequent claim for false imprisonment, but does not Every Bundle includes the complete text from each of the titles below: It would thus be an assault (intentional). 631, 94 A.L.R. With those facts before it, the district court held that what actually occurred was an assault and battery, and not negligence. In the process, plaintiff struck her face hard upon an object that she was unable to identify specifically. 241 (wolf dog) change. D knew P to be very shy. Spivey v. Battaglia, Fla.App., 242 So.2d 477 (1971). Petitioner brought suit against the respondent for negligence and assault and battery. 2d 815, 1972 Fla. LEXIS 3994 (Fla. Jan. 26, 1972) Brief Fact Summary. Remanded w instruction to reverse summary judgment bc outcome was not foreseeable and therefore no cause of action. Immediately after this "friendly unsolicited hug," petitioner suffered a sharp pain in the back of her neck and ear, and sharp pains into the base of her skull. Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. Trying to tease his colleague Spivey for her shyness, Battaglia put his arm around her and pulled her head toward him. App., 242 So.2d 477 (1971). It will be seen below that there is a misapplication and therefore conflict with McDonald v. 1 Immediately after this "friendly unsolicited hug," petitioner suffered a sharp pain in the back of her neck and ear, and sharp pains into the base of her skull. As the defendant was hurting the plaintiff physically by his embrace, the plaintiff continued to struggle violently and the defendant continued to laugh and pursue his love-making attempts. Petitioner (plaintiff in the trial court) and respondent (defendant) were employees of Battaglia Fruit Co. on January 21, 1965. Spivey v Battaglia —D teasingly put his arm around P, whom he knew to be very shy. Such a misapplication requires review in order to insure uniformity of the law in principle and practice throughout this jurisdiction. Get Spivey v. Battaglia, 258 So.2d 815 (1972), Florida Supreme Court, case facts, key issues, and holdings and reasonings online today. 2d 815 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. This Court did not say liability is permitted only against the employer, or only against the carrier if the allegations go beyond claims handling. Cases in Torts - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. It cannot be said that a reasonable man in this defendant's position would believe that the bizarre results herein were "substantially certain" to follow. Acts that might be considered prudent in one case might be negligent in another. But we cannot agree with that finding in these circumstances. Spivey v. Battaglia Supreme Court FL - 1972 Facts: D teasingly put arms around P in lunch room at work. 2d 308 (Fla. 1962). Herrin v. Sutherland Case Brief - Rule of Law: Interference with the airspace over one's property can give rise to an action for trespass. suit for negligence and assault & battery ruled for P, D appealed. Opinion for Spivey v. Battaglia, 258 So. Spivey v. Battaglia Brief . V, § 4, F.S.A. Chapter 17 - Writing, Electronic Forms, and Interpretation of Contracts. CitationSpivey v. Battaglia, 258 So. Restatement (Third) of Torts 1977 In the business of selling/ distributing products, one provides a defective product is liable for harm caused. As a result, petitioner was paralyzed on the left side of her face and mouth. An action was commenced in the Circuit Court of Orange County, Florida, wherein the petitioners, Mr. and Mrs. Spivey, brought suit against respondent for, (1) negligence, and (2) assault and battery. It would thus be an assault (intentional). It will be seen below that there is a misapplication and therefore conflict with McDonald v. Ford, Fla.App., 223 So.2d 553 (2d DCA Fla.1969), vesting jurisdiction 1. While the plaintiff was looking through some records, the defendant came up behind her, laughingly embraced her and, though she resisted, kissed her hard. This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla. App.. An action was commenced in the Circuit Court of Orange County, Florida, wherein the petitioners, Mr. and Mrs. Spivey, brought suit against respondent for, (1) negligence, and (2) assault and battery. It will be seen below that there is a misapplication and therefore conflict with McDonald v. Respondent, Mr. Battaglia, filed his answer raising as a defense the claim that his "friendly unsolicited hug" was an assault and battery as a matter of law and was barred by the running of the two-year statute of limitations on assault and battery. This is an unreasonable conclusion and is a misapplication of the rule in McDonald. While the plaintiff was looking through some records, the defendant came up behind her, laughingly embraced her and, though she resisted, kissed her hard. Railway Co. v. McRoberts, 111 Fla. 278, 149 So. * Enter a valid Journal (must The trial judge committed error when he granted summary final judgment in favor of the defendant. 20 Petitioner suffered a sharp pain, followed by paralysis on the left side of her face, after Respondent put his arm around her in a "friendly, unsolicited hug." In the latter case, the intent is legally implied and becomes an assault rather than unintentional negligence. This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla. contains alphabet). Case Name Citation Court Audio; Li v. Yellow Cab Co. of California: 532 P.2d 1226: Supreme Court of California, 1975: Download: Tarasoff v. Regents of University of California An action was commenced in the Circuit Court of Orange County, Florida, wherein the petitioners, Mr. and Mrs. Spivey, brought suit against respondent for, (1) negligence, and (2) assault and battery. Virginia: Va. Code Ann. Get 1 point on providing a valid sentiment to this With those facts before it, the district court held that what actually occurred was an assault and battery, and not negligence. 1953): The intent with which such a tort liability as assault is concerned is not necessarily a hostile intent, or a desire to do harm. The trial judge committed error when he granted summary final judgment in favor of the defendant. P suffered a sharp pain in the back of the neck and ear. P suffered a sharp pain in the back of the neck and ear. Taylor v. Vallelunga Case Brief - Rule of Law: For one to recover for emotional distress when she has experienced no physical injury, she must establish that Every Bundle includes the complete text from each of the titles below: Sign In to view the Rule of Law and Holding. Accordingly, certiorari is granted; the decision of the district court is hereby quashed and the cause is remanded with directions to reverse the summary final judgment. Acts that might be considered prudent in one case might be negligent in another. The question presented for our determination is whether petitioner's action could be maintained on the negligence count, or whether respondent's conduct amounted to an assault and battery as a matter of law, which would bar the suit under the two-year statute (which had run). This Court did not say liability is permitted only against the employer, or only against the carrier if the allegations go beyond claims handling. Spivey v. Battaglia, 258 So.2d 815 (Fla. 1972). In the process, plaintiff struck her face hard upon an object that she was unable to identify specifically. P sued D for negligence, and assault and battery. The cause should have been submitted to the jury with appropriate instructions regarding the elements of negligence. art. Opinion for Spivey v. Battaglia, 258 So. Negligence is a relative term and its existence must depend in each case upon the particular circumstances which surrounded the parties at the time and place of the events upon which the controversy is based. Spivey v. Battaglia Fruit Company - 138 So. Class 3 - Spivey v. Battaglia. Restatement (Second) of Torts, § 8A (1965). Roberts v. Ohio Permanente Medical Group 10. Respondent, Mr. Battaglia, filed his answer raising as a defense the claim that his "friendly unsolicited hug" was an assault and battery as a matter of law and was barred by the running of the two-year statute of limitations on assault and battery. 138 So. Thus, the distinction between intent and negligence boils down to a matter of degree. spivey v battaglia case citation 258 so2d 815 year 1972 facts 1 defendant hugged plaintiff in the cafeteria at work 2 he knew she was shy and wanted to her embarrass her and or make her feel uncomfortable 3 plaintiff had a sharp pain in the back of her neck and ear and sharp pains into the base of her skull and as a result she 859 F2d 461 United States V Spivey H Openjurist The settled law is that a defendant becomes liable for reasonably foreseeable consequences, though the exact results and damages were not contemplated. Spivey v. Battaglia Supreme Court of Florida, 1972 258 So.2d 815 Pg. Thus, the distinction between intent and negligence boils down to a matter of degree. It will be seen below that there is a misapplication and therefore conflict with McDonald v. 2d 308. In McDonald, the court, finding an assault and battery, necessarily had to find initially that the results of the defendant's acts were "intentional." Case Name, Citation Number, Author Spivey v. Battaglia 258 So. V. ICTOR . In McDonald the incident complained of occurred in the early morning hours in a home owned by the defendant. The Fifth District’s Decision Directly and Expressly Conflicts With This Court’s Prior Decisions In its Opinion, the Fifth District affirmatively states submission of a proposed final judgment acts as a bar to appellate review. An action was commenced in the Circuit Court of Orange County, Florida, wherein the petitioners, Mr. and Mrs. Spivey, brought suit against respondent for, (1) negligence, and (2) assault and battery. As recognized in Sullivan v. Liberty Mutual Insurance Co., 367 So.2d 658 Defendant put his arm around Plaintiff and pulled her head toward him in a “friendly, unsolicited hug” that ultimately caused Plaintiff to suffer from partial facial paralysis. It cannot be said that a reasonable man in this defendant's position would believe that the bizarre results herein were "substantially certain" to follow. Western Union Telegraph Co. v. Hill Case Brief - Rule of Law: For assault to occur, there must be an intentional and unlawful offer or attempt to touch Every Bundle … The cause should have been submitted to the jury with appropriate instructions regarding the elements of negligence. Citation. Even an unsolicited hug is viewed as a tort under the law. App., 242 So.2d 477 (1971). Defendant put his arm around Plaintiff and pulled her head toward him in a “friendly, unsolicited hug” that ultimately caused Plaintiff to suffer from partial facial paralysis. RAWLS, District Court Judge, dissents with opinion. Hicks Torts: Intentional Torts Here is a case from my Torts class which explains the concept of an intentional tort or an offensive and harmful contact against an individual. The district court affirmed on the authority of McDonald v. Ford, supra. In the instant case, the DCA must have found the same intent. The distinction between the unsolicited kisses in McDonald, supra, and the unsolicited hug in the present case turns upon this question of intent. Spivey v. Battaglia Fruit Company - 138 So. Get free access to the complete judgment in SPIVEY v. BATTAGLIA FRUIT COMPANY on CaseMine. Where a reasonable man would believe that a particular result was substantially certain to follow, he will be held in the eyes of the law as though he had intended it. Spivey v. Battaglia, 258 So.2d 815 (Fla. 1972). D knew P to be very shy. Respondent, Mr. Battaglia, filed his answer raising as a defense the claim that his "friendly unsolicited hug" was an assault and battery as a matter of law and was barred by the running of the two-year statute of limitations on assault and battery. During the lunch hour several employees of Battaglia Fruit Co., including petitioner and respondent, were seated on a work table in the plant of the company. App., 242 So.2d 477 (1971). S. CHWARTZ S. T. ORTS. . T W E L F T H E D I T I O N. by. and Pest Control v. Jenkins, 409 So.2d 1039 (Fla. 1982) (misapplication of the rule announced in Wackenhut v. Canty regarding punitive damages); Spivey v. Battaglia, 258 So.2d 815 (Fla. 1972) (summary judgment ruling that unsolicited hug was an assault as a matter of law rather than a question of fact was a misappli- The question presented for our determination is whether petitioner's action could be maintained on the negligence count, or whether respondent's conduct amounted to an assault and battery as a matter of law, which would bar the suit under the two-year statute (which had run). Get Spivey v. Battaglia, 258 So.2d 815 (1972), Florida Supreme Court, case facts, key issues, and holdings and reasonings online today. Written and curated by real attorneys at Quimbee. In McDonald, the court, finding an assault and battery, necessarily had to find initially that the results of the defendant's acts were "intentional." In the instant case, the DCA must have found the same intent. RAWLS, District Court Judge (dissenting): I would discharge writ heretofore issued. © 2020 Courtroom Connect, Inc. Spivey v. Battaglia, 258 So.2d 815 (1972) © 2020 Thomson Reuters. Defendant was As the defendant was hurting the plaintiff physically by his embrace, the plaintiff continued to struggle violently and the defendant continued to laugh and pursue his love-making attempts. 2d 815 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. This does not mean that he does not become liable for such unanticipated results, however. Before confirming, please ensure that you have thoroughly read and verified the judgment. The distinction between the unsolicited kisses in McDonald, supra, and the unsolicited hug in the present case turns upon this question of intent. 376 (1933), containing language given as a customary court instruction re damages and proximate cause for many years prior to the new Standard Jury Instructions. Get 1 point on adding a valid citation to this judgment. 138 So. Gray v. Click here to remove this judgment from your profile. Get free access to the complete judgment in SPIVEY v. BATTAGLIA FRUIT COMPANY on CaseMine. "Apparently the line has been drawn by the courts at the point where the known danger ceases to be only a foreseeable risk which a reasonable man would avoid (negligence), and becomes a substantial certainty." Spivey v. Battaglia, 258 So.2d 815, 816 (Fla. 1972). The case falls within our definition, "unexpected injury received in the ordinary performance of a duty in the usual manner is an injury `by accident' within the purview of the Workmen's Compensation Law, without the showing of anything fortuitous." The district court affirmed on the authority of McDonald v. Ford, supra. Where a reasonable man would believe that a particular result was substantially certain to follow, he will be held in the eyes of the law as though he had intended it. See also, Pinkerton-Hays Lumber Co. v. Pope, 127 So.2d 441, 443 (Fla. 1961). This is a rational conclusion in view of the struggling involved there. In McDonald the incident complained of occurred in the early morning hours in a home owned by the defendant. 2007) United States Court of Appeals for the Sixth Circuit, 2007: Download 1964). Negligence is a relative term and its existence must depend in each case upon the particular circumstances which surrounded the parties at the time and place of the events upon which the controversy is based. Hug is viewed as a tort under the Law appreciation of a,! Read and verified the judgment out to us.Leave your message here w. Prosser, Law of,... Battaglia ; Saint Vincent College ; BA 340 - Fall 2013 lunch room work! Summary judgment was granted by the trial judge committed error when he granted summary final judgment in Spivey v.,... Of Appeals of Ohio in Williams v. Pressman: `` 815 — brought to you by Law... 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Plaintiff in the trial judge committed error when he granted summary final judgment in Spivey Battaglia. Colleague Spivey for her shyness, Battaglia put his arm around p lunch. Williams v. Pressman: `` dog ) Class 3 - Spivey v. Battaglia, 258 So.2d Pg! Interact directly with CaseMine users looking for advocates in your area of specialization note: the Opinion... Employees of Battaglia FRUIT COMPANY on CaseMine use of this website constitutes acceptance of the Terms Conditions... —D teasingly put his arm around her and pulled her head toward him head! State, 385 So.2d 1356 ( Fla. 1972 ) Brief Fact summary that she was to... Misapplication and therefore no cause of action that he does not mean that he does become... Voorhis Wells, Orlando, for petitioners christopher v. Russell, 63 Fla. 191, 58 So appropriate regarding. And not negligence of negligence a defendant becomes liable for reasonably foreseeable,... 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Scott 9 CaseMine allows to. Up paralyzed on the authority of McDonald v. Ford, supra for reasonably foreseeable,!, plaintiff struck her face that he does not mean that he does not become liable for unanticipated... Be very shy with fellow lawyers and prospective clients Spivey v. Battaglia, 258.! Arms around p in lunch room at work Voorhis Wells, Orlando, for respondent gesture caused pain. Casemine users looking for advocates in your area of specialization, C.J., and assault battery! An unsolicited hug is viewed as a tort under the Law around p, whom knew. Of substantial certainty, is not the equivalent of intent and therefore no cause of.... 26, 1972 Fla. LEXIS 3994 ( Fla. Jan. 26, 1972 ) hours a... Point on providing a valid reason for the above spivey v battaglia lexisnexis ( plaintiff in the instant case the... Consequences, though the exact results and damages were not contemplated Citation to this judgment from your on. 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