Garratt v. Dailey

Five-year-old Dailey (defendant) moved a lawn chair as Garratt (plaintiff) was about to sit in it; Garratt fell and broke her hip. The trial court credited Dailey's account that he moved the chair to sit in it himself and tried but failed to replace it in time, rather than Garratt's sister's testimony that he deliberately pulled it away, and found Dailey lacked any willful or unlawful purpose, dismissing the battery claim. Garratt appealed, seeking judgment in her favor or a new trial.