Villa v. Derouen
Court of Appeal of Louisiana
614 So. 2d 714 (1993)
Relevant factsFree
Michael Derouen (defendant) sprayed Eusebio Villa's (plaintiff) neck with pressurized welding oxygen as a joke, was reprimanded by a coworker, and minutes later used his welding torch to spray oxygen on Villa's groin, causing second-degree burns. At trial, Derouen testified he intended to spray Villa with oxygen but meant it only as a joke and didn't intend to cause harm; the jury, instructed on intentional torts, nonetheless found for Derouen, and Villa appealed.
IssueFree
Whether the intent requirement of an intentional tort is satisfied by a defendant's intentional acts and not the unintentional consequences.