a. Facts-
D wanted to play a trick on P. A “jack-in-the-box” type prank was executed by
her son. P was scared by the prank, and stumbled into a brick wall, tearing
cartilage in her knee. P sued for assault
b. Procedural
History- Trial Ct gave D judgment as a matter of law. N.C Sup Ct reversed
c. Issue-
Whether D is liable for assault, even though she did not execute the prank
d. Holding-
Yes, D is liable for assault, even though she did not execute the prank
e. Rule-
An actor may be liable for assault if they aided and abetted the assault
f. Rationale-
By playing along with the joke, D was aiding and abetting
g. Notes:
i.
Even if she didn’t doing the springing,
she had knowledge of it and took part in it
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