Nelson v. Carroll

Court of Appeals of Maryland · Torts

TortsBatteryAssaultIntentAccident defensebatteryassaultintent

Facts

Carroll entered a nightclub carrying a loaded handgun and confronted Nelson over a debt. The undisputed evidence showed that Carroll, angry and at least somewhat intoxicated, struck Nelson on the side of the head with the handgun and, as he went to strike him again, the gun discharged and shot Nelson in the stomach. Carroll did not testify, and the only evidence supporting his defense was testimony that the gun 'went off' as he drew back to hit Nelson again. Nelson suffered severe injuries and extensive medical treatment from the gunshot wound.

Issue

Can a defendant avoid civil battery liability for a gunshot wound by claiming that the gun discharged accidentally when the undisputed evidence shows that he intentionally threatened the plaintiff with a loaded handgun, struck him with it, and the shot occurred as he went to strike again?

Rule

Battery requires volitional conduct and an intent to cause harmful or offensive contact, or an imminent apprehension of such contact; it does not require a specific intent to cause the particular harm that occurred. A purely accidental or inadvertent touching is not a battery, but when harmful contact occurs in the course of an intentional assault or battery, the intent element is satisfied and a claim that the precise contact was accidental does not exonerate the defendant.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

At a crowded music lounge in Detroit, Evan Price angrily pulled a loaded revolver from his coat and pointed it at Leo Martin from a few feet away, demanding immediate repayment of a personal loan. Evan later claimed he only meant to frighten Leo, but while still pointing the gun during the confrontation, the weapon fired and the bullet struck Leo's leg.

In Leo's civil battery action, which is the strongest argument for holding Evan liable as a matter of law on liability?

Explanation. Battery requires volitional conduct plus intent to cause harmful or offensive contact or an imminent apprehension of such contact. Under the majority rule, intent to frighten by an assault is enough when actual harmful contact follows in the course of that assault. The rule does not require specific intent to cause the exact injury, and it does not make every accidental discharge a battery absent assaultive intent. (Derived from Nelson v. Carroll (n.d.).)