ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Brief Fact Summary. Two members of a military unit were involved in a drill. While discharging his weapon during the drill, Defendant accidentally injured Plaintiff. Plaintiff brought suit for assault and battery.
Synopsis of Rule of Law. When injury results from one’s actions, he will be held liable for that injury unless he can prove no fault whatsoever in the matter.
Issue. Was Plaintiff properly awarded damages despite Defendant’s argument that the injury was inflicted by accident?
Held. Yes. The Court affirmed the award, finding Defendant had failed to prove he was totally blameless.
* One may escape liability for an injury he has inflicted when he was utterly faultless in inflicting the injury, but it is his burden to prove his total lack of fault.
A claim of constitutional error that focuses only on the State's post-conviction remedy and not the judgment which provides the basis for the applicant's incarceration states no cognizable federal habeas claim.View Full Point of Law