Cullison Vs. Ernest W. Medley

Case Brief 3

Dan R.Cullison (Plaintiff) v Ernest W.Medley (defendant)

1. Facts of the case

On February 1986, the plaintiff Cullison met Sandy Medley, a 16 year old teenager, in a grocery store parking lot and invited her over to his home. Later that day, Sandy and the rest of her family (defendants) came to Cullison’s mobile home, surrounded and verbally threatened him.

Ernest who is Sandy’s father, was armed with a revolver that was strapped to his leg. He grabbed for the gun some times and shook it at Cullison during the encounter. The defendant Ernest threatened to jump on Cullison. Sandy’s mother, Doris, kept her hand in her pocket and tried to persuade Cullison that she also had a weapon. Cullison was scared that one of the Medleys would really shoot at him and felt intimidated by the five people inside his mobile house.

He experienced mental trauma and distress as a result of the incident and sued for assault. That is why, Cullison brought a claim of assault against the Medleys and the trial court entered summary judgment.

2. Legal issues

2.1. Did Earnest commit an assault against the plaintiff?

3. Rules of Law

3.1. Restatement (Second) of Torts&21(1965): “Assault is done when someone intends to cause a harmful or offensive contact with another person or if there is any imminent apprehension of a contact”.

3.2. W.Prosser&J. Keaton, Prosser and Keaton on Torts 10 (5th ed.1984): “ Doing and shaking a fist under someone’s nose, to aim or strike at him with a weapon, or to hold the weapon in a threatening position, to raise or advance to strike someone, to surround him with force, is considered as an assault.”

4. Holding

4.1. Yes, Earnest commit an assault

5.