Fisher v. Carrousel Motor Hotel, Inc.

Nature of the Case

This was an action to recover for damages from a battery.

Facts

Fisher (P), an African American mathematician for NASA, was attending a conference on telemetry at the Carrousel Motor Hotel (D). Fisher was standing in a lunch line and an employee of Carrousel approached him and snatched the plate from his hands, shouting that the club did not serve African Americans. Fisher was not touched or physically injured but he the incident was highly offensive and he was embarrassed in the presence of his colleagues.

Fisher brought this lawsuit for battery. He was awarded a verdict by the jury but it was set aside when the judge granted judgment notwithstanding the verdict in favor of Carrousel. Fisher appealed.

Issue

Is the intentional snatching of an object in an offensive manner from a person’s possession a battery?

Holding and Rule of Law

Yes. An intentional snatching of an object from a person’s hand is an offensive invasion of his person and would amount to an actual contact with the body and constitute a battery.

Battery involves an offense to a party’s dignity, and not merely a physical injury. Unpermitted and intentional contacts with anything closely connected with the plaintiff as to be customarily regarded as part of the body would offend a reasonable person’s dignity.

Carrousel’s act of snatching the plate from Fisher’s hands, in the manner as proven at trial, qualifies as an unpermitted, offensive contact with something closely connected to Fisher’s body. The trial court erred in granting a judgment n.o.v. under these facts. Damages for mental suffering are recoverable under a battery. Fisher may recover for the humiliation he endured.

Disposition

Judgment reversed – jury verdict reinstated.