Baska v. Scherzer

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the doctrine of transferred intent applied and plaintiffs could not style their claim as negligence where defendant intended to punch a third party but instead punched plaintiff
• recognizing that transferred intent applies to intentional torts of assault and battery
• finding that a court is not bound by the characterization of the claims in a plaintiff's petition because substance prevails over form
• describing negligence as an unintentional breach of a legal duty causing damage reasonably foreseeable without which breach the damage would not have occurred
• applying transferred intent doctrine to assault and battery torts when plaintiff was injured when she stepped between two sparring defendants
• civil assault entails threat of bodily harm coupled with apparent ability to carry out threat resulting in victim's immediate apprehension of harm

Source: CourtListener parenthetical corpus (CC0).