Law School Case Briefs

Citation
Case Name

Start by searching for a case name or citation above.

Discover a Random Brief

Spivey v. Battaglia

Supreme Court of Florida (1972) | 258 So. 2d 815

3 min read

TL;DR: A man gave a shy co-worker a "friendly, unsolicited hug," causing unexpected paralysis. The court ruled the act could be negligence, not just an intentional tort (battery), because the severe harm was not "substantially certain" to occur.

Legal Significance: Establishes that for an act to be an intentional tort, the actor must intend the contact or be substantially certain it will occur. A mere foreseeable risk of harm, even from an intentional act, sounds in negligence, not battery.

A 'reasonable person' is a legal fiction I'm pretty sure I've never met.

✨ Enjoy an ad-free experience with LSD+