163 Ga. App. 65 | Ga. Ct. App. | 1982
Appellants, Capitol T.V. Service, Inc., and George Comer, appeal from a judgment awarding Rod Derrick $7,000 in damages for assault and battery.
1. Appellants first contend that the trial court erred in charging the jury “the plaintiff is protected against a purely mental disturbance of his personal integrity...” because a cause of action for assault requires that the plaintiff be placed in circumstances which, reasonably viewed, are such as to lead a person reasonably to apprehend a violent injury from the unlawful act of another.
The transcript shows that the court first charged the jury that an assault occurs when a person “... either attempts to commit a violent injury to the person of another or commits an act which places another in reasonable apprehension of immediately receiving violent injury.” A little later, the court charged, “... the interest in freedom from apprehension of harmful or offensive contact with a person, as distinguished from the contact itself, is protected by an action for the tort known as assault. No actual contact is necessary to it, and the plaintiff is protected against a purely mental disturbance of his personal integrity, and it follows that damages are recoverable for fright, humiliation, and the like.”
Under the Criminal Code, Code Ann. § 26-1301, “A person commits simple assault when he either (a) attempts to commit a violent injury to the person of another or (b) commits an act which places another in reasonable apprehension of immediately receiving a violent injury.” Under Code Ann. § 105-602: “Any violent injury or attempt to commit a physical injury illegally upon a person is a tort for which damages may be recovered.” In Quaker City Life Ins. Co. v. Sutson, 102 Ga. App. 53, 56 (115 SE2d 699) (1960), this court examined the definition of assault and held: “It seems to be a preferable correlation, and one completely compatible with the expressions of our own courts to say that where all the apparent circumstances, reasonably viewed, are such as to lead a person reasonably to apprehend a violent injury from the unlawful act of another, there is an assault.” (Emphasis supplied.) Thus, it is the apprehension that gives rise to the cause of action for assault.
Such an apprehension was shown in this case. The plaintiff testified that he worked for Amana Southeast and that it was his duty
2. Appellants further contend that the trial court erred in charging that the defense of justification is available when a person reasonably believes that the use of force. is necessary to defend himself against or a third person against imminent use of unlawful force. Appellants seem to be arguing that the court improperly limited their defense of justification because plaintiffs criticism of their advertisements was an attempt to coerce Comer into violating the Sherman Anti-Trust Act. Justification for assault requires opprobrious words “... uttered in the presence of the assaulting party and ‘which, in their nature, are supposed to arouse the passions, and
3. Appellee’s motion pursuant to Code Ann. § 6-1801 which authorizes this court to impose damages of 10 percent when an appeal is taken for purposes of delay only is denied. We cannot say that this appeal is taken solely for purposes of delay.
Judgment affirmed.