Brief Fact Summary. At a professional conference held in Defendant’s hotel, one of Defendant’s employees seized a plate from the Plaintiff’s hand, shouting that a “Negro could not be served in the club”ť. Defendant’s employee did not make physical contact with Plaintiff, but the event was witnessed by many of Plaintiff’s colleagues. Plaintiff sought actual and punitive damages for assault and battery.
Synopsis of Rule of Law. A Plaintiff may recover for battery even when not physically touched so long as the Defendant committed an unwanted an intentional invasion of the inviolability of the Plaintiff’s person.
Issue. Did the trial court correctly set aside the jury’s verdict because no actual physical contact was made with the Plaintiff?
* May actual damages stemming from mental suffering be awarded when no physical contact occurred?