Items may become weapons dangerous as used depending on the circumstances surrounding the incident in which the item is employed. Com. v. Vonberg, 2007 WL 4097332, at *2 (Mass. App. Ct.). In Vonberg, the defendant sprayed the plaintiff in the face with WD-40 while she was operating a running vehicle on a public highway. Id. After he had blocked the road from travel, the defendant approached the plaintiff’s car and pulled off her sunglasses and sprayed her in her face and mouth which caused burning sensations in her eyes. Id. The court, quoting a superior court, noted that “…the spray clearly was used in a dangerous fashion in this instance. That the threatened harm [car crash] might not result directly from the effects of the weapon on the …show more content…
Com. v. Scesny, 2010 LX 672, at 5-6. In Scensy, a woman claimed she was sexually assaulted by a man she was dating and that he attempted to suffocate her with a pillow. Id. at 1-2. Although rejected by the jury, the court noted that “the jury could have convicted the defendant of assault and battery based on harmful touching alone by finding that the defendant used the pillow to touch the alleged victim, causing her to feel suffocated…” Id. at 5-6. This jury also acquitted the defendant of rape and assault with intent to murder. The particular feature of the pillow that was noted to be sufficient to the judge to classify the item as a dangerous weapon as used was its ability to suffocate or cause one to feel suffocated. Id. The ruling in Marrero suggests that the foam hand was used as a dangerous weapon. As in Marrero where the use of the shoe caused severe injuries, in our case, the force of the foam hand caused the plaintiff to lose his balance and suffer injuries. Because the court gave little notice to the defendant’s objection over the type of footwear used in the attack, they allowed the outcome of the altercation to outweigh the device used. Marrero, 471 N.E.2d at 1358-1359. Therefore there is likely a lesser chance that the foam hand would be spared from such scrutiny. Similarly, any objection on our side to the classification and nature of a foam hand will likely be countered with a case such as Marrero where simple foot wear was used as a dangerous weapon. Where a shod foot is capable of incurring serious injury, a covered hand may likely be found capable as
The Plaintiff, Keller, sued the defendant, DeLong. DeLong was driving Kellers car at Tyngsboro, Massachusetts at approximately 11:40p.m. on April 14, 1963, DeLong collided with a utility pole at the side of the highway. The Trial Court ruled that the sole cause of the accident was the fact that the defendant dozed off to sleep and did not awaken in time to avoid collision with the pole. The driver showed no sign he was going to fall asleep. Defendant, Carl DeLong, suddenly and unexpectedly dozed at the time of the occurrence of the accident. Defendant, DeLong, was not found negligent. Vacated; reversed, affirming trial court’s judgment.
The Patrick Haynes case involves the violation of reasonable care, after being assaulted by three correction officers that caused intentional trauma and injuries to his rectum area. The details of the case are that inmate Patrick Haynes assaulted a correction officer after being written up for misconduct. Inmate Patrick Haynes assaulted the correction officer by throwing feces and urine in the unsuspecting officer’s face. Later that night after lights out, the three correction officers went to his cell, restrained him and forcibly inserted a broom stick into his rectum. The next morning he was found by day shift officers and transported to the infirmary. Patrick Haynes after receiving medical care sued with judgement being found in his favor.
Section 119 applies only when the taxpayer receives meals from his or her employer and not cash. This fact was proven in Comm. v. Kowalski, which involved a taxpayer that worked as a police officer. The officer received a cash allowance for meals in addition to his salary so that an officer could eat at a restaurant in their assigned area while they are on duty. However, the officer could eat at home as long as his or her house was in the assigned area. The taxpayer used his meal allowance at restaurants because he as frequently working in different locations and only include a portion of the total meal allowance in gross income on his tax return. The IRS subsequently determined that the amount that the taxpayer did not include in gross income
Details of incident: Defendant and his friend went to the same store where he was arrested previously for shoplifting. He threw a beverage to the security’s face and slapped him. Defendant got really angry when he saw the security. Defendant thinks he was responsible for his arrest in the past because the security caught him for shoplifting. As the defendant is
Aloe could argue that the cause of death of his wife is due to the defective and unreasonably dangerous product that Toys R Us knowingly sold in the market. The regulation
It is sad let alone close to child neglect to allow our 8-year-old son to be forced to walk across the hot Law Enforcement Center asphalt parking lot barefoot with a nickel size wound in Dillan’s left heel. It is very disappointing to allow our son to be the victim of an obviously spiteful reaction to a request to replace the “Croc” sandals that were purchased while on my parenting time and lost on Adam’s parenting time. I purchased two pair of flip flops last night at Wal-Mart for $0.98 each that were similar to the pair Dillan wore home after his Crocs” were consumed by the lake on Adam’s parenting time. It is completely inappropriate to allow Dillan to be injured or to especially allow his new wound open to infection due to a petty footwear
In November 1960, Dorrence Darling II, a minor (Plaintiff) was brought in to the Charleston Community Memorial Hospital (Defendant) by his father, after breaking his leg during a football game. The on call Physician, Dr. Alexander (Defendant) tended to Darling in the emergency room. Dr. Alexander began by putting the leg in traction, setting the break, and applied a plaster cast. The next day Darling's toes had become dark, swollen and cold to the touch. Darling was in a great deal of pain and voiced this to the Dr. and attending nursing staff. Dr. Alexander made some adjustments to the cast around the toes to relieve some of the pressure.
infliction of emotional distress from Ms. Lucas. The court’s decision in Harris v. Jones, 281 Md.
6. Holding: As stated in the case: “one who, without a privilege to do so, by extreme and outrageous conduct intentionally causes severe emotional distress to another, with bodily harm resulting from such distress, is subject to liability for such emotional distress and bodily harm even though he has committed no heretofore recognized common law tort.”
In deadly crimes, the type of weapon used has no effect on the fact that someone is still dead in the end. Many people have access to weapons, but few will ever actually use
Since June 1973, Sandra J. Pevsner has been a manager for the Sakowitz Yves St. Laurent Rive Gauche Boutique located in Dallas, Texas. The Boutique sells highly fashionable and expensive clothing and accessories designed by Yves St. Laurent (YSL). Mrs. Pevsner is expected by her employer to wear YSL clothes and apparels at work as well as project an exclusive lifestyle and be aware of YSL current fashion trends. Furthermore, she wears YSL apparel while commuting to and from work, to fashion shows, and business luncheons; where she represents the boutique. In 1975, Mrs. Pevsner purchased clothing and accessories at an employee discount for a total of $1381.91 with the following sum $240 for maintenance cost. Mrs. Pevsner and her husband are partially disabled due to a heart attack in 1971, which has limited her social activities and lead a simple life. In 1975, she filed a joint federal income tax return; which she deducted $990 of ordinary and business expenses along with her purchase of YSL clothing and accessories. However, she claimed
The tort of intentional infliction of emotional distress has four elements: 1. the defendant must act intentionally or recklessly; 2. the defendant's conduct must be extreme and outrageous; and 3. the conduct must be the cause 4. of severe emotional distress. This is exactly what happened din this case. Steve Steel not only knocked the phone out of Prudence’s hand but also broke down the door and threatened Prudence with force and made her scared for her life. I do believe that negligence is a part of this case. A person who engages in activities that pose an unreasonable risk toward others and their property that actually results in harm, breaches their duty of reasonable care. Steve Steel did not show a proper care of duty with Prudence. I think that Steve Steel should also be responsible for all of the physical and mental damages since he did not show reasonable care. I think the tort liability in this case would be assault and battery. An assault involves three things that we see in this case. An assault occurs when an intentional, unlawful threat or "offer" to cause bodily injury to another by force; under circumstances which create in the other person a well-founded fear of imminent peril; where there exists the apparent present ability to carry out the act if not prevented. A battery is the willful or intentional touching of a person against that person’s will by another person, or by an object or
B. Battery. A battery is a volitional act by the defendant which intentionally causes the
Appellant contends that the district court erred in convicting her under the malicious-punishment statue as well as in ruling that the statute does not require proof of bodily harm. Accordingly, if proof of bodily harm is not required for conviction of malicious punishment, the statute is unconstitutionally vague.
A domestic violence abuser may use items or weapons such as a lit cigarette to burn their victim to escalating further with using of a firearm, etc. There are many ways people can purchase guns and use them with the intent to harm another person. There are many “loopholes” within both federal and state laws regarding gun ownership and domestic violence perpetrators. As a result, there are several Florida legal loopholes in gun ownership that may enable some abusers have access to securing a firearm regardless of a conviction of domestic violence through misdemeanors, like stalking (Smartgunlaws.org, 2014), for example. Additionally, there are no clear laws that require an abuser who is convicted of domestic violence to surrender all firearms