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.)
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