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Williams v. Kearbey

Court of Appeals of Kansas

775 P.2d 670 (1989)

Relevant factsFree

Alan Kearbey (defendant) shot several people at a junior high school, wounding Don Harris and Daniel Williams (plaintiffs), who sued him for battery, an intentional tort. The jury found that Kearbey was insane at the time and did not understand the nature of his act, yet still found in the plaintiffs' favor. Kearbey appealed, arguing that his insanity meant he could not form the intent battery requires.

IssueFree

Whether a finding that a civil defendant was insane precludes a finding that he acted with the intent required for an intentional tort.

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