White v. University of Idaho

797 P.2d 108 · Idaho Supreme Court · 1990

Facts

Carol and Kenneth White brought a tort claim against the University of Idaho and Professor Richard Neher, alleging Neher struck Mrs. White while acting within his employment, causing injuries. Professor Neher, a social guest at the Whites' home, approached Mrs. White from behind while she was writing a resume. He touched her back with both hands in a movement resembling a pianist striking and lifting fingers from a keyboard, intending to demonstrate the sensation, not to cause harm. Mrs. White was surprised, found the contact non-consensual and offensive, and would not have consented. The contact resulted in unexpectedly harmful injuries, including thoracic outlet syndrome requiring rib removal and nerve scarring.

Issue

The sole issue is whether Professor Neher’s contact with Mrs. White constituted a battery, which would grant the University immunity. This question hinges on whether battery requires intent to harm or offend, or merely intent to touch.

Holding

The court affirmed the lower court's decision, holding that Professor Neher's contact with Mrs. White constituted a battery. Therefore, the University of Idaho is immune from liability under the Idaho Tort Claims Act.

Rule

The court established that the intent required for battery is simply the intent to cause an unpermitted contact, not an intent that the contact be harmful or offensive. This rule was derived from the court's prior holding in Rajspic v. Nationwide Mut. Ins. Co. (Rajspic II), which clarified that the necessary intent for battery is to commit the act, not to cause harm. Jury instructions approved in Rajspic II explicitly stated that battery requires "intent to do the act complained of" and "intent to do the act which causes the harm," without requiring intent to injure or harm. The court rejected the argument that battery requires intent to harm or offend and declined to adopt any Restatement (Second) of Torts definition that might suggest otherwise.

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