CA Q 8. What are the FACTS in this case??

There are actually TWO DIFFERENT VERSIONS of facts in this opinion.

The plaintiff’s version is: “that she came out into the backyard to talk with Naomi and that, as she started to sit down in a wood and canvas lawn chair, Brian deliberately pulled it out from under her.

The defendant’s version is: “that Brian Dailey, picked up a lightly built wood and canvas lawn chair [and] moved it sideways a few feet and seated himself therein, at which time he discovered the plaintiff, Ruth Garratt, about to sit down at the place where the lawn chair had formerly been, at which time he hurriedly got up from the chair and attempted to move it toward Ruth Garratt to aid her in sitting down in the chair; that due to the defendant's small size and lack of dexterity he was unable to get the lawn chair under the plaintiff in time to prevent her from falling to the ground. That plaintiff fell to the ground and sustained a fracture of her hip, and other injuries and damages as hereinafter set forth.” 
© 2016 Edward C. Martin Contact Me