Bailey v. C.S.

12 S.W.3d 159 (2000)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Bailey v. C.S.

Texas Court of Appeals
12 S.W.3d 159 (2000)

  • Written by Tammy Boggs, JD

Facts

Erica Bailey (plaintiff) was babysitting two minor children. Four-year-old C.S. (defendant) asked Bailey to play a game with him. Bailey responded that she would play with C.S. soon; Bailey was helping the other child with dinner. Soon thereafter, C.S. angrily and unexpectedly ran up and struck Bailey in the throat. Bailey suffered a crushed larynx and impaired vocal functions for several months. Bailey sued C.S. and his parents (defendants) alleging battery by C.S. The family moved for summary judgment on the ground that C.S. was incapable of committing a battery because he lacked intent as a matter of law. The trial court granted summary judgment to the family. Bailey appealed, arguing that C.S. had not established a lack of intent as a matter of law.

Rule of Law

Issue

Holding and Reasoning (Ovard, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership