Waters v. Blackshear
591 N.E.2d 184 · Massachusetts Supreme Judicial Court · 1992
Facts
A minor defendant placed a lit firecracker in the minor plaintiff's sneaker, causing burn injuries. The plaintiff sued solely for negligence, but the jury found for the plaintiff. The trial judge then granted judgment notwithstanding the verdict, finding the conduct intentional.
Issue
Can a minor defendant's act of intentionally placing a lit firecracker in another's sneaker, causing injury, be considered negligent conduct, or is it exclusively an intentional tort (battery)?
Holding
The court affirmed the judgment notwithstanding the verdict, holding that the defendant's conduct was an intentional battery and, therefore, could not be negligent.
Rule
Intentional conduct cannot be negligent conduct, and negligent conduct cannot be intentional conduct. Placing a lit firecracker in someone's sneaker constitutes an intentional harmful contact (battery) if the actor intended the contact and understood its harmful nature.
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