Fisher v. Carrousel Motor Hotel, Inc.

424 S.W.2d 627 · Texas Supreme Court · 1967

Facts

Plaintiff Fisher, a Black man, was attending a luncheon at the Carrousel Motor Hotel's Brass Ring Club when defendant Flynn, the club manager, snatched a plate from his hand and loudly declared he could not be served. Fisher was not physically touched but suffered humiliation and indignity. A jury awarded Fisher actual and exemplary damages, but the trial court granted judgment notwithstanding the verdict for the defendants.

Procedural history

A jury found for the plaintiff Fisher, but the trial court rendered judgment for the defendants notwithstanding the verdict. The Court of Civil Appeals affirmed the trial court's judgment. This Court (Supreme Court of Texas) then reviewed the case.

Issue

1) Does the intentional snatching of an object from a person's hand constitute an actionable battery, even without direct physical contact to the body? 2) Are corporate defendants liable for exemplary damages for the malicious conduct of a managerial employee acting within the scope of employment?

Holding

1) Yes, the intentional grabbing of Fisher's plate constituted a battery, and he was entitled to actual damages for mental suffering. 2) Yes, the corporate defendants are liable for exemplary damages because Flynn was a managerial employee acting within the scope of his employment.

Rule

A battery occurs when there is offensive contact with an object closely identified with a person, such as an item held in their hand, even without direct physical contact to the body. Mental suffering is compensable in willful battery cases without physical injury. A principal is liable for exemplary damages for an agent's malicious acts if the agent was employed in a managerial capacity and acting within the scope of employment.

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Case brief last reviewed 2026-01-08. Prepared by CaseReader from the published opinion.