March 31, 2020

Garratt v. Dailey | Case Brief - 46 Wash.2d 197, 279 P.2d 1091 (1955) - Supreme Court of Washington

FACTS: Ruth Garratt was going to sit down in a chair.  Before she sat down, Dailey (5 years of age) moved the chair and sat in it himself.  Garratt continued to sit down and fell when the chair was not where she thought it would be.

HISTORY: Trail court ruled in favor of Dailey.

ISSUE: Is intent a necessary component of battery?

HOLDING: Yes

RATIONALE: For intent to exist the person must have some knowledge of the victim's intended action so that they have some level of certainty that their battery will inflict damage.  With that knowledge there is no wrongful act.

DISPOSITION: Sent back to court to determine in Dailey knew with substantial certainty that Garratt would sit in the chair.