Ghassemieh v. Schafer

447 A.2d 84 (1982)

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Nature of the Case

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Facts

P was a teacher of art with the Baltimore County Schools. She was teaching an 8th-grade class, which included D. When P was about to sit down to assist another student, D pulled the chair away. D fell to the floor, hurting her back. A month later her back began to hurt, and in 1978 P had a spinal fusion. Almost 3 years later, P sued D for negligence. D testified that she pulled the chair away 'as a joke.' D freely admitted she intended for P to fall to the floor. D also stated that she did not intend any injury. At the close of the evidence, each side moved for a directed verdict. P claimed that D was shown to be negligent as a matter of law, and there was no evidence that P was contributorily negligent. D's motion was predicated on a claim that the evidence established a battery, an intentional tort, and not negligence, as alleged. Both motions were denied. The court instructed the jury on battery as well as negligence and let the jury decide between battery or negligence. The statute of limitations on battery has already passed. P objected to the battery instructions in that they did not include an element that D intended to harm P. D got the verdict and P appealed. P claimed the court erred in its battery instruction and even if the facts established a battery, a battery does not preclude recovery for negligence for the same acts. P posits that a finding that D had acted intentionally would have been fully consistent with the allegations of the declaration charging negligence.