Fisher v. Carrousel Motor Hotel, Inc.

Facts

Fisher, a mathematician at the Manned Spacecraft Center near Houston, was invited by Ampex Corporation and Defense Electronics to a one-day meeting on telemetry equipment at the Carrousel Motor Hotel, and the invitation included a luncheon. After the morning session, the 25 or 30 guests went to the Brass Ring Club, located in the Carrousel, for a buffet lunch. As Fisher was about to be served, Flynn, an employee of the Carrousel who managed the Brass Ring Club, snatched the plate from Fisher's hand and shouted that he, a Negro, could not be served in the club. Fisher testified that he was not actually touched and did not testify that he suffered fear or apprehension of physical injury, but he testified that he was highly embarrassed and hurt by Flynn's conduct in front of his associates. The jury found that Flynn forcibly dispossessed Fisher of his dinner plate and shouted in a loud and offensive manner, subjecting Fisher to humiliation and indignity. It also found that Flynn acted maliciously and within the course and scope of his employment, and it awarded $400 actual damages and $500 exemplary damages.

Issues

1. Was there evidence that an actionable battery was committed when Flynn snatched the plate from Fisher's hand without touching his body?
2. Must the two corporate defendants respond in exemplary as well as actual damages for Flynn's malicious conduct?

Holding

The intentional snatching of the plate from Fisher's hand in an offensive manner was a battery, so Fisher was entitled to actual damages for mental suffering even without physical injury. Because Flynn was employed in a managerial capacity and acted within the scope of his employment, the corporations were also liable for exemplary damages despite the jury's finding that the Carrousel did not authorize or approve the conduct.