WALLACE v. ROSEN
Court of Appeals of Indiana, 2002.
765 N.E.2d 192
Facts: Rosen was a teacher. Wallace was a mother of a student who stopped by the school to give her daughter her homework. A fire drill happened while she was there and Rosen had to tap Wallace on the shoulder to get her attention and tell her they needed to move outside, it was a fire drill. Wallace claims Rosen pushed her down the stairs; Rosen denies this but admits to touching her back. Witnesses at the trial testify that Rosen touched Wallace on the back causing her to fall down the stairs and injure herself.
Procedure: Trial court refused to give jury instruction concerning civil battery. Jury found in favor of Rosen, Wallace appeals.
Issue: In a crowded and loud area does an individual have the right to touch someone else in order to get their attention to give them instructions?
Held: Yes
Analysis: The court rules that the conditions on the stairway of Northwest High School during the fire drill were an example of Professors Prosser and Keeton’s “crowded world.†Rosen had a responsibility to her students to keep them moving and out the door during a fire drill.
Rosen’s touching of Wallace’s shoulder or back with her fingertips to get her attention over the noise of the alarm cannot be said to be a rude, insolent, or angry touching.
Appeals court affirms trial court’s decision.
Court of Appeals of Indiana, 2002.
765 N.E.2d 192
Facts: Rosen was a teacher. Wallace was a mother of a student who stopped by the school to give her daughter her homework. A fire drill happened while she was there and Rosen had to tap Wallace on the shoulder to get her attention and tell her they needed to move outside, it was a fire drill. Wallace claims Rosen pushed her down the stairs; Rosen denies this but admits to touching her back. Witnesses at the trial testify that Rosen touched Wallace on the back causing her to fall down the stairs and injure herself.
Procedure: Trial court refused to give jury instruction concerning civil battery. Jury found in favor of Rosen, Wallace appeals.
Issue: In a crowded and loud area does an individual have the right to touch someone else in order to get their attention to give them instructions?
Held: Yes
Analysis: The court rules that the conditions on the stairway of Northwest High School during the fire drill were an example of Professors Prosser and Keeton’s “crowded world.†Rosen had a responsibility to her students to keep them moving and out the door during a fire drill.
Rosen’s touching of Wallace’s shoulder or back with her fingertips to get her attention over the noise of the alarm cannot be said to be a rude, insolent, or angry touching.
Appeals court affirms trial court’s decision.