Manning v. Grimsley - Lecture notes 8 PDF

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Case Brief and Notes for Business Organizations I...

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MANNING v. GRIMSLEY 643 F.2d 20 (1st Cir. 1981) FACTS: Parties: Appellant: Manning (Π) Appellee: Grimsley, Baltimore Orioles (Δ) Procedural History: 

Trial judge directed a verdict for Δ

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Π appealed

Relevant Facts: 

Δ was pitching at baseball game

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Π was sitting behind wire mesh fence in bleachers located in right field

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Δ was throwing warmup balls to the bullpen near Π

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People were heckling pitcher from where Π was sitting

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Pitcher looked at hecklers

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Pitcher threw the ball towards Π and ball when through wire mesh fence and struck Π

ISSUE: 

Whether respondeat superior includes Grimsley’s conduct

PARTIES’ ARGUMENTS: Plaintiff:  Defendant: 

Heckling did not interfere with Grimsley’s conduct

DISPOSITION OF THE COURT: 

Reversed

RULE OF LAW:



Where a Π seeks to recover damages from an employer for injuries resulting from an employee’s assault what must be shown is that the employee’s assault was in response to the Δ’s conduct which was presently interfering with the employee’s ability to perform his duties successfully

HOLDING: 

Heckling is conduct that inhibited Grimsley from performing his duties successfully

COURT’S REASONING:   

Constant heckling by fans at a baseball park would be conduct A jury could infer the conduct prevented the employee from performing his duties successfully The throwing of the ball was a response to the heckling that was interfering with Grimsley’s ability to pitch...