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Baldinger v. Banks

201 N.Y.S.2d 629 (1960)

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Baldinger v. Banks

New York Supreme Court, Trial Term, Kings County

201 N.Y.S.2d 629 (1960)

Facts

One day, Allan Banks (defendant), a six-year-old boy, was playing tag with a group of boys in his neighborhood. During the game, Barbara Baldinger (plaintiff), a four-year-old girl, walked over to where the boys played, although she did not join the game. After Baldinger arrived, she got in an argument with one of the boys. Banks said he would handle Baldinger, and he pushed her to the ground. It was clear that Banks knew his actions were offensive. As a result of Banks pushing Baldinger, she fractured her right elbow and had to undergo surgery, leaving a permanent scar and a slight deformity. Baldinger, through her guardian ad litem, sued Banks for the personal injuries she sustained from Banks’s offensive bodily contact.

Rule of Law

Issue

Holding and Reasoning (Baker, J.)

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