Spivey v. Battaglia
Florida Supreme Court
258 So.2d 815 (1972)
Spivey (plaintiff), a female, and Battaglia (defendant), a male, were coworkers. One day Battaglia, in an effort to tease Spivey, intentionally put his arm around her, pulled her head towards him and hugged her. Spivey was injured as a result of the unsolicited hug. Spivey sued Battaglia in the Circuit Court of Orange County, Florida for (1) negligence, and (2) assault and battery. In his defense Battaglia asserted that his actions constituted assault and battery as a matter of law and therefore Spivey's lawsuit is barred by the statute of limitations for assault and battery. The trial court granted Battaglia’s motion for summary judgment on this basis. Spivey appealed to the District Court of Appeals, which affirmed the trial court’s decision. Spivey appealed this decision to the Supreme Court of Florida.
Rule of Law
Holding and Reasoning (Deckle, J.)
What to do next…
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.
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 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 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.