Personal Injury Law

Tennessee's Leading Tort Cases - Assault and Battery - Battery Generally

By John Day

This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  The book will be available about May 1, 2010.  To order the book go here.

§ 6.2       Battery – Generally

The Case: Doe v. Mama Taori's Premium Pizza, LLC, No. M1998-00992-COA-R9-CV, 2001 WL 327906 (Tenn. Ct. App. Apr. 5, 2001).

The Basic Facts: Adult employee of pizza parlor engaged in homosexual conduct with minor, part-time employee of parlor. Minor, through his parents, brought numerous causes of action, including battery. 

The Bottom Line:

• 'A battery is an intentional act that causes an unpermitted, harmful or offensive bodily contact. Cary v. Arrowsmith, 777 S.W.2d 8, 21 (Tenn. Ct. App. 1989); [Restatement (Second) of Torts] § 18(1) (1965); 7 Stuart M. Speiser, et al., [The American Law of Torts] § 26:12 (1990) ('Speiser'). Offensive contact is contact that infringes on a reasonable sense of personal dignity ordinarily respected in a civilized society. [Restatement (Second) of Torts] § 19 (1965); [1 Fowler W. Harper, et al., The Law of Torts] § 3.2 (3d ed. 1996) ('Harper'); [1 Dan B. Dobbs, The Law of Torts] § 28, at 52-53 (2001) ('Dobbs').' 2001 WL 327906 at *4.

Recent Cases: Runions v. Tennessee State University, No. M2008-01574-COA-R3-CV, 2009 WL 1939816 (Tenn. Ct. App. Feb. 17, 2009) (holding alleged physical contact was not so offensive as to rise to the level of civil battery where professor physically escorted student out of classroom).

Full post as published by Day on Torts on April 23, 2010 (boomark / email).