Main Content
Topps v. Ferraro
How should courts weigh wrongful acts in determining intent? Plaintiff and defendant stepped outside in order to discuss something. Once outside, the defendant confronted plaintiff about earlier statements allegedly made by plaintiff about defendant's girlfriend. The conversation grew heated and argumentative. According to the defendant, the plaintiff shoved him in the shoulder, and he responded by punching plaintiff in the face. As a result of the punch, plaintiff's eye was permanently damaged and his vision impaired. At trial, defendant testified that the punch was "a matter of reflexes" and that it wasn't "thought out".
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.