preview

Com Vs Vonberg Case Study

Decent Essays

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

Get Access