Unit 3: Mcphillen V. Intoxicated Man
Unit 3: McPhillen v. Intoxicated Man
Kaplan University
PA165: Introduction to Torts
Prof: Laurence Mraz
June 26, 2012
McPhillen v. Intoxicated Man
Facts:
On the night Leroy McPhillen was a patron of The Bottom’s Up Pub, an intoxicated man began shouting obscenities at a woman seated at a table near Mr. McPhillen. As the woman ignored the man’s ranting, the man then approached the woman in a threatening manner. Before the man reached the woman, Mr. McPhillen invited the man to join him at his table. The man refused and grabbed the woman’s wrist. Mr. McPhillen then carefully twisted the man’s arm behind his back and restrained him with a neck hold. Mr. McPhillen refused the man’s request to release him, and firmly seated the man and threatened to punch him if he moved. The woman then informed Mr. McPhillen that the man was her husband.
Issues: 1. Can Mr. McPhillen be held liable for assault, battery and false imprisonment when he came to the defense of someone? 2. Can the intoxicated man be held liable for assault, battery?
Rule:
§ 1.02 Battery [7-10]
Battery occurs when the defendant’s acts intentionally cause harmful or offensive contact with the victim’s person. [See Restatement §§ 13, 16, 18.] Accidental contact, by contrast, must be analyzed under negligence or strict liability.
§ 1.03 Assault [10-15]
Assault occurs when the defendant 's acts intentionally cause the victim 's reasonable apprehension of immediate harmful or offensive contact. The Restatement, unlike many courts, deletes the requirement that apprehension be “reasonable”. [See Restatement §§ 21, 27. See also, e.g., Castro v. Loral 1199, National Health & Human Service Employees Union, 964 F. Supp. 719 (1997).]
§ 1.04 False Imprisonment [15-20]
In false imprisonment, the defendant unlawfully acts to intentionally cause confinement or restraint of the victim within a bounded area. Accidental confinement is not included and must be addressed under
Kaplan University
PA165: Introduction to Torts
Prof: Laurence Mraz
June 26, 2012
McPhillen v. Intoxicated Man
Facts:
On the night Leroy McPhillen was a patron of The Bottom’s Up Pub, an intoxicated man began shouting obscenities at a woman seated at a table near Mr. McPhillen. As the woman ignored the man’s ranting, the man then approached the woman in a threatening manner. Before the man reached the woman, Mr. McPhillen invited the man to join him at his table. The man refused and grabbed the woman’s wrist. Mr. McPhillen then carefully twisted the man’s arm behind his back and restrained him with a neck hold. Mr. McPhillen refused the man’s request to release him, and firmly seated the man and threatened to punch him if he moved. The woman then informed Mr. McPhillen that the man was her husband.
Issues: 1. Can Mr. McPhillen be held liable for assault, battery and false imprisonment when he came to the defense of someone? 2. Can the intoxicated man be held liable for assault, battery?
Rule:
§ 1.02 Battery [7-10]
Battery occurs when the defendant’s acts intentionally cause harmful or offensive contact with the victim’s person. [See Restatement §§ 13, 16, 18.] Accidental contact, by contrast, must be analyzed under negligence or strict liability.
§ 1.03 Assault [10-15]
Assault occurs when the defendant 's acts intentionally cause the victim 's reasonable apprehension of immediate harmful or offensive contact. The Restatement, unlike many courts, deletes the requirement that apprehension be “reasonable”. [See Restatement §§ 21, 27. See also, e.g., Castro v. Loral 1199, National Health & Human Service Employees Union, 964 F. Supp. 719 (1997).]
§ 1.04 False Imprisonment [15-20]
In false imprisonment, the defendant unlawfully acts to intentionally cause confinement or restraint of the victim within a bounded area. Accidental confinement is not included and must be addressed under
References: LexisNexis, (2012). Part a. intentional torts and privileges chapter 1 intentional interferences with persons or property. Retrieved from website: http://www.lexisnexis.com/lawschool/study/outlines/html/torts/index.asp