Richard v. Mangion

Louisiana Court of Appeals

535 So.2d 414 (1988)

Relevant factsFree

Richard (plaintiff) and Mangion (defendant), both minors, agreed ahead of time to fight after Mangion insulted Richard's pants. During the fight, Mangion struck Richard in the eye, causing serious injury requiring two surgeries and over $15,000 in medical bills. Richard, through his parents, sued Mangion's parents and their insurer. The trial court found that both boys voluntarily went to the fight knowing it would happen, so Richard had consented to being struck. Richard appealed.

IssueFree

Whether express or implied consent to a physical altercation with a high likelihood of injury bars recovery for battery, absent excessive or unanticipated force.

Holding & reasoning

The court resolved the question by applying the controlling rule to the facts and explaining precisely why the outcome followed. Its reasoning ties the doctrine to the record so you can reproduce the analysis on an exam.

Procedural history, concurrence & dissent

This section traces the case from the trial court through appeal and lays out how each opinion lands. Separate writings sharpen the majority's limits and flag the arguments most likely to resurface in class.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Start free Log in