Knight v. Jewett

a.       Touch football game. D ran into P, P warned D to stop. Next play: D steps on P’s little finger. Finger had to be amputated after unsuccessful surgeries.

                                                              i.      P- D was chasing teammate, came up from behind P and knocked her down. D then stepped on P’s finger. P admits that D did not do it intentionally.

                                                            ii.      D- D jumped up to intercept pass and knocked P over by doing so. When landing, D stepped on P’s finger.

b.      Only “material” questions of fact will be presented to the jury…the facts they disputed (above) were irrelevant to the matter of law disputed.

c.       A Requisite element for battery is intent. There is no evidence that D intended to injure P.