Reynolds v. MacFarlane
322 P.3d 755
Utah Ct. App.2014Background
- MaeFarlane snatched Reynolds’s ten dollar bill in the workplace break room; Reynolds was unaware of MaeFarlane’s presence until after the act.
- MaeFarlane stated, “That was too easy,” and returned the bill; Reynolds then struck MaeFarlane, causing a split lip.
- The incident was reported to a supervisor and Reynolds received a one-day suspension for striking another employee; Reynolds sought medical treatment for anxiety linked to work difficulties.
- Nearly a year later, Reynolds filed suit for assault and intentional infliction of emotional distress; IIED was dismissed; Reynolds amended to include battery.
- The bench trial credited MaeFarlane’s testimony; the court found no assault or battery due to lack of physical contact, and dismissed the case with prejudice.
- On appeal, the Utah Court of Appeals affirm assault dismissal, reverse battery dismissal, remand for nominal damages, and deny attorney fees on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there imminent apprehension of contact (assault)? | Reynolds argues awareness of MaeFarlane’s actions created apprehension. | MaeFarlane contends no imminent apprehension since Reynolds was unaware before the act. | Assault claim affirmed for dismissal |
| Did MaeFarlane’s act constitute battery by taking the bill? | Taking the bill from Reynolds’s hand constituted harmful contact. | No contact with Reynolds’s person occurred; no battery. | Battery established; reversal and remand for nominal damages |
| Are damages required to sustain battery factual elements? | Nominal damages permitted for offensive nonconsensual touching. | Damages not proximately caused by the act or not required. | Nominal damages remanded; damages not limited to actual injury |
Key Cases Cited
- Henshaw v. Henshaw, 271 P.3d 837 (Utah App. 2012) (standard of review for fact findings)
- In re Adoption of Baby B., 308 P.3d 382 (Utah 2012) (review of legal conclusions)
- Allen v. Ciokewicz, 280 P.3d 425 (Utah App. 2012) (marshal record evidence requirement on challenges to facts)
- Wagner v. State, 122 P.3d 599 (Utah 2005) (battery elements under Restatement (Second) of Torts)
- Lounsbury v. Capel, 836 P.2d 188 (Utah Ct. App. 1992) (nominal damages for unauthorized invasion)