Wallace v. Rosen
Wallace was visiting her daughter’s school when a fire alarm sounded. Rosen, a teacher at the school, placed her hand on plaintiff's shoulder/back, turned her 90° towards the exit, and told her to get moving. Wallace fell down the stairs and alleged that Rosen pushed her, which Rosen denied.
The jury found in favor of defendant.
Whether an unwanted touch in a fire drill constituted a battery.
Consent is assumed for ordinary contacts which are customary and reasonably necessary to the common intercourse of life.
Judged whether it is offensive to an ordinary person, not to one unduly sensitive as to personal dignity.
A stairwell during a fire drill is a crowded place. People standing in the middle of such a place must expect a certain amount of personal contact.
No, it is reasonable to think that one might be touched in a fire drill. Affirmed.
Time, place, circumstances, and people are considered.