Waters v. Blackshear
591 N.E.2d 184 · Massachusetts Supreme Judicial Court · 1992
Facts
On June 6, 1987, a minor defendant placed a firecracker in the left sneaker of the unsuspecting seven-year-old minor plaintiff, Maurice Waters. The defendant then lit the firecracker, causing Maurice to sustain burn injuries. The defendant, who was somewhat older than Maurice, had been lighting firecrackers for about ten minutes prior to the incident, tossing them on the ground.
Procedural history
The jury initially found for the plaintiffs, and judgment was entered accordingly. However, the trial judge subsequently granted the defendant's motion for judgment notwithstanding the verdict, concluding the evidence showed intentional, not negligent, conduct. The plaintiffs then sought and were granted direct appellate review by this court.
Issue
Can a plaintiff recover for negligence when the defendant's conduct, which caused injury, was intentional rather than merely negligent? Specifically, was the minor defendant's act of placing and lighting a firecracker in the plaintiff's sneaker an intentional tort or negligence?
Holding
The court affirmed the judgment for the defendant, ruling that the defendant's conduct was intentional (a battery) and therefore could not be considered negligent.
Rule
Intentional conduct cannot be negligent conduct, and vice versa. A battery occurs if an actor intends to cause a harmful or offensive contact, and such contact results. The intent required for battery is the intent to cause the contact, not necessarily the intent to cause the specific injuries that resulted or to understand the full seriousness of the harm. A minor's age does not negate intent if they appreciate the harmful nature of their act.
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