FISHER V. CARUSEL Mootel, INC.

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FISHER v CARROUSEL MOTOR HOTEL, INC No. B 342 Supreme Court of Texas, Dec. 27, 1967 Facts: The Plaintiff was a mathematician worked in a Space Agency call NASA and accepted an invitation to a one-day meeting at the Carrousel Motor Hotel. At lunch time, the hotel services it as a buffet and the Plaintiff were close to served its food when the Defendant an employee of Carrousel Hotel and manager of the Brass Ring Club dispossess the Plaintiff of his plate and in a loud manner said and offensive words that embarrassed and harm the Plaintiff. Procedural History: The 61st District Court granted Defendant’s motion. The Plaintiff appeals and the Court of Civil Appeals affirmed. The Supreme Court of Texas, reversed the decision and condemn for a battery occurred and the corporation was condemn for exemplary damages of $900 dollars with interest from the dates of the trial court’s judgement and the cost of the suit. Issued Presented: The Battery may occur regardless a physical contact, it is possible to compensate the mental and psychological damages caused by the Defendant's conduct. Also, are the Corporations liable for the conduct of his employees? Decision: The Supreme Court of Texas reversed the decision from the Court of Civil Appeals …show more content…

This case is very important for futures situations because it is not required a physical contact in order to perform a Battery. The Court clarified that are part of the body the objects that may be attached to it, as in this case the dish that the Plaintiff has in his hand. Also, the responsibilities of the corporation by the conduct of its employees. They must carefully instruct his employees to avoid that kind of conducts. In this case, the Corporation was condemned because was unable to prove that it did not support the conduct of the

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