Fenwick v. Oberman
Rhode Island Supreme Court
847 A.2d 852 (2004)
- Written by Salina Kennedy, JD
Facts
David Fenwick (plaintiff), an employee of the United States Department of Housing and Urban Development (HUD), was involved in an argument with his supervisor, Claire Oberman (defendant), concerning the use of an office bookshelf. According to Fenwick, the argument turned into a physical altercation when Oberman first grabbed him by the throat and choked him, then squeezed his face, and finally tapped the underside of his chin while saying, “Tsk, tsk, tsk, tsk.” Oberman denied choking Fenwick and squeezing his face. According to Oberman, Fenwick became enraged and began throwing reams of copy paper on the floor, leading Oberman to attempt to calm him down by placing her finger under his chin for a split second. Fenwick sued Oberman for battery and requested punitive damages. The trial judge, finding that Oberman had put her hand over Fenwick’s mouth during an office dispute, denied the request for punitive damages. The jury found Oberman liable for battery but determined that Fenwick was not injured and awarded him $1 in nominal damages. Fenwick appealed, arguing that punitive damages were justified because Oberman’s conduct constituted criminal battery.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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