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TEACHER’S LAWSUIT AGAINST STUDENTS ALLEGED INTENTIONAL, NOT NEGLIGENT, CONDUCT AND WAS THEREFORE TIME-BARRED (FOURTH DEPT).

The Fourth Department, reversing Supreme Court, determined plaintiff-teacher’s suit against two students alleged intentional conduct (battery), not negligent conduct, and was therefore time-barred. Plaintiff was pushed into a locker by the students who were fighting each other. Although the students did not intend to touch the teacher, the doctrine of transferred intent applied:

Defendant met her initial burden by establishing that plaintiff was injured as a result of intentional conduct that constituted a battery and not negligent conduct … . “A valid claim for battery exists where a person intentionally touches another without that person’s consent” … . ” The intent required for battery is intent to cause a bodily contact that a reasonable person would find offensive’; there is no requirement that the contact be intended to cause harm’ ” … . The deposition testimony of plaintiff and defendants submitted in support of the motion established that defendants intentionally caused offensive bodily contact with each other by engaging in a physical fight … . Although defendants did not intend to make physical contact with or to injure plaintiff, the contact that resulted in plaintiff’s injuries was nevertheless intentional under the doctrine of “transferred intent” … . …

Defendant thus established that this action is barred by the one-year statute of limitations applicable to intentional torts … .  Kessel v Adams, 2020 NY Slip Op 01758, Fourth Dept 3-13-20

 

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