Lawson v. Bloodsworth
313 Ga. App. 616
Ga. Ct. App.2012Background
- Lawson sues Bloodsworth in Wilcox County Superior Court for assault and battery over a chair being thrown.
- Bloodsworth, Lawson’s high school history teacher, allegedly directed the chair toward Lawson during class on May 11, 2010.
- Lawson states the chair hit his leg and he was humiliated, though he suffered no physical injury.
- Bloodsworth disputes intent and claims the chair only “nicked” Lawson or bounced unintentionally.
- The trial court granted summary judgment based on the absence of physical injury and the impact rule; on appeal, the court reviews de novo and reverses.
- The appellate court concludes there are genuine issues of material fact as to battery and that the emotional-distress claim is not barred by the impact rule.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is a genuine issue of material fact on battery | Lawson asserts intentional touching by Bloodsworth. | Bloodsworth contends no intentional touching occurred. | Issue exists; summary judgment improper. |
| Whether the impact rule bars emotional distress damages | Lawson argues exception applies for wilful conduct directing at plaintiff. | Bloodsworth argues impact rule bars claims absent physical injury. | Not barred; emotional distress claim allowed. |
Key Cases Cited
- Ellison v. Burger King Corp., 294 Ga. App. 814 (Ga. App. 2008) (offensive touching actionable; battery does not require physical injury)
- Clarke v. Freeman, 302 Ga. App. 831 (Ga. App. 2010) (impact rule exception for malicious conduct directed at plaintiff)
- Vasquez v. Smith, 259 Ga. App. 79 (Ga. App. 2003) (physical injury not required for battery; emotional distress may follow intentional torts)
- Cowart v. Widener, 287 Ga. 622 (Ga. 2010) (summary judgment standards and de novo review on appeal)