Logourl black
From our private database of 14,000+ case briefs...

Peete v. Blackwell

Alabama Supreme Court
504 So.2d 222 (1986)


Facts

Dr. Robert Peete (defendant) hospitalized one of his patients for a severe nosebleed. As part of the patient’s treatment, Dr. Peete applied anterior and posterior nasal packs to control the bleeding. The patient was released from the hospital, but subsequently returned complaining of continued bleeding. When Dr. Peete arrived at the hospital he found that one of the nasal packs had failed and that the patient was bleeding profusely. Because the patient was in danger of suffocating, Dr. Peete sought to retrieve the pack using a suction machine to remove the blood from the patient’s throat so that he could visualize the pack. Beverly Blackwell (plaintiff), a nurse in charge of the floor on which the patient had been hospitalized, assisted Dr. Peete in performing the procedure. At one point, Dr. Peete struck Blackwell on the forearm and demanded that she “turn on the [goddamn] suction.” Blackwell filed suit against Dr. Peete for assault and battery and seeking compensatory and punitive damages. At trial, Blackwell testified that no physical injury resulting from Dr. Peete striking her. However, there was other evidence suggesting that Dr. Peete had a history of insulting hospital staff, yelling and cursing, and throwing things. The jury held for Blackwell and awarded her $1 in compensatory damages and $10,000 in punitive damages. Dr. Peete’s motions for a new trial and judgment notwithstanding the verdict (JNOV) were denied by the trial court. Dr. Peete appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Torbert, C.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.

Here's why 174,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.