Bus Fight
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Now assume that the bus driver wishes to sue the child for battery. What would be the strengths and weaknesses of that case?
A person can be charged with battery if his or her behavior satisfied the three-prong test: there should the application of force; to another person; and the result is an injury or offensive touching. To determine if the 15-year old kid committed battery, the facts must first be examined.
The kid pretended not be on the list of the authorized passengers of that particular bus. The bus driver pulled over and asked the kid in front of everyone else to explain why she was on that bus when she’s not on the official passenger list. Without waiting for the explanation, the driver continued that the girl should find another ride to and from school. The girl became irate and told the bus driver that she’s getting down right there. Since it’s part of the school policy not to let anyone off the bus on undesignated stops, the driver asked the girl to return to her seat. The girl refused and insisted to be let off the bus. The verbal exchange turned heated and eventually led to hair pulling and shoving on both sides.
Should the driver file battery charges against the girl, it would be favorable on her part that the 15-year old: refused to sit down when asked to do so, asked to get off the bus on an undesignated stop, applied force by shoving, and pulling the driver’s hair resulting to an offensive touching although there was no injury on her person.
While the above reasons could help the driver’s case, there are weaknesses on her case. For one, the driver embarrassed the girl by publicly calling her attention and telling her to find another transportation on her way to and from school. Second, the driver tried to make the girl sit down but it resulted to the girl complaining that she was offended by the touch. Third, the driver confiscated the girl’s cellphone causing further aggravation on an already tense situation. Fourth, the driver also shoved and pulled the girl’s hair.
If the student files a countersuit against the bus driver, what causes of action would the student state?
Trouble began in the Gilbert school bus when the driver pulled over and asked the girl to explain her presence in a bus that does not include her in its official list of passengers. The driver then added that she should find another mode of transportation to and from school. Clearly, the driver found something irritating with the girl’s behavior or talk that caused her to issue a reprimand in public. The driver could have chosen to report to the school instead of taking the matters in her own hands. As a result the girl was humiliated and retaliated by being stubborn and hurling combative words. The driver made matters worse by confiscating the student’s phone. Although public humiliation is not a crime, the child can complain and file administrative charges against the driver. The humiliation was uncalled for and the driver could have waited until they’ve arrived in school before confronting the student.
The student could also file battery charges against the driver since the latter’s action met the three requirements for the offense. The driver has clearly shoved the girl despite being asked not to be touched. The shoving resulted to the girl being offended by the touch. Although the driver was only applying enough force to make the girl sit down, she couldn’t expect to be followed her meekly when the driver had already roused her temper. The driver also pulled the girl’s hair and shoved her, both unlawful and causing offense.
Reference
Larson, A. (2003). Assault and Battery. ExpertLaw Home Page. Retrieved October 6, 2008, from http://www.expertlaw.com/library/personal_injury/assault_battery.html
