01/07/2023 Grant Forrer Prudence, a senior at Local State College, recently turned 21. Prudence had arranged to meet her friend, Gabby, at their favorite watering hole, Eye Candy. Prudence arrived on time, sat at a table for four, and ordered a chocolate martini. Dash who fashioned himself a ladies man, but was actually a dime-a-dozen Lothario, spotted Prudence and plotted his course of action. When Prudence had finished her drink, he had the server bring her another and asked her if he could join her. Thinking Dash to be stupid, but cute, Prudence agreed. When Prudence turned to speak with a friend, Dash dropped Rohypnol into her drink. They resumed drinking and talking and soon Prudence began to slur her speech and lose “perspective.” Dash grabbed Prudence ‘s arm, “walked” her out of Eye Candy, and placed her into his car. Just as Dash closed the door, Gabby walked by and noticed Prudence sitting in Dash’s car. Gabby walked up to Prudence, said, Hi, girlfriend!” and, receiving no response, realized Prudence was unconscious. Gabby turned to Dash and screamed, “You bastard!” With that, Dash grabbed Gabby’s shoulder, and pushed her to the ground while yelling, “Out of my way bitch!” Gabby aimed her pepper spray bracelet at Dash and sprayed its contents in Dash’s eyes. Unknown to her, Dash is hypersensitive to pepper spray. As a result, he collapsed to ground convulsing uncontrollably. Issue: Is Dash liable to Prudence for assault? Rule: An actor is subject to liability for assault if the actor acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such contact, and the other person is put in such imminent apprehension. Analyze: For Dash to be liable to Prudence for assault we would have to know what his intent was when he placed the Rohypnol in her drink. A reasonable person would not put a Rohypnol in a someone’s drink and not expect to do them harm. Conclude: Yes Dash is liable for an assault on Prudence. Issue: Is Dash liable to Prudence for battery? If more than one battery, analyze each of them. Rule: An actor is subject to liability for battery if the actor acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such contact, and a harmful or offensive contact with the person of the other results directly or indirectly. Analyze I: The first case where a battery is possible, is when Dash puts the Rohypnol in Prudence’s drink. If Dash had not done that, Prudence wouldn’t have been put in a situation where harmful contact happened which resulted directly from Dash putting the Rohypnol in her drink. Analyze II: The second case in which a battery is possible, is when Dash grabs her arm and walks her out of the bar, as she begins to pass out. Having not consented to this, Prudence is put in a state of imminent apprehension of such contact, even when she is knocked out. Conclude: Dash is liable for 2 counts of battery towards Prudence. Issue: Is Dash liable to Gabby for battery? Rule: An actor is subject to liability for battery if the actor acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such contact, and a harmful or offensive contact with the person of the other results directly or indirectly. Analyze: Dash yelling “Out of my way bitch!” coupled with the act of shoving Gabby to the ground, is enough to put Gabby in a state of imminent apprehension of contact, simply because touching was involved and the words Dash stated made it seem imminent. Conclude: Yes Dash is liable to Gabby for battery. Issue: Is Gabby liable to Dash for battery? Rule I: An actor is subject to liability for battery if the actor acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such contact, and a harmful or offensive contact with the person of the other results directly or indirectly. Rule II: An actor is privileged to use reasonable force, not intended or likely to cause death or serious bodily harm, to defend himself against unprivileged harmful or offensive contact or other bodily harm which he reasonably believes that another is about to inflict intentionally upon him. Analyze I: When Gabby aimed her pepper spray bracelet at Dash, and sprayed him in the eyes, she intened to cause harmful and offensive contact with Dash. A reasonable person does not shoot pepper spray at someone without the intent of making them suffer the effects of the pepper spray. Conclude: Yes Gabby is liable to Dash for battery, however he would not win, as she used reasonable force to defend herself against the unprivileged harmful acts of Dash.
