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Manning v. Grimsley

United States Court of Appeals for the First Circuit

643 F.2d 20 (1981)

Relevant factsFree

Manning (plaintiff), watching from the bleachers, was struck by a warm-up pitch thrown by Orioles pitcher Grimsley (defendant), who had repeatedly glared at hecklers continuously heckling him while he warmed up in a nearby bullpen; at one point Grimsley faced the hecklers, wound up as if pitching to an imaginary catcher, and the resulting throw sailed into the bleachers and hit Manning. The district court directed a verdict for the defendants on Manning's battery claim, and a jury found for the defendants on negligence; Manning appealed the directed verdict.

IssueFree

Whether an employer is liable for battery by an employee who was retaliating against constant heckling.

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