46 Wash 2d 197, 279 P.2d 1091 (Wash. 1955)

Background
Dailey, a 5-year-old boy, moved a lawn chair that Garratt, an elderly lady who was in the house at the time, had been sitting in. Consequently, when she returned she attempted to sit in position where the chair was originally and fell, sustaining injuries. Garratt brought an action against the child for battery.

The trial judge found in favor of Dailey stating that there was no intent to harm the old lady. Garratt appealed to the Washington Supreme Court.

The issue before the Court was whether a lack of intent to cause harm precludes a battery charge.

Ruling
Relying on the definition of battery from the Restatement of Torts, the Court held that battery could only be found if it is shown that the boy knew with "substantial certainty" that by moving the chair Garratt would attempt to sit in the chair's original position. That is, the accused must be substantially certain that his action would cause the offensive contact. The absence of an intent to injure or play a joke is not sufficient to absolve the accused of liability. It is necessary for the plaintiff only to prove that the accused had sufficient knowledge to foresee the contact with "substantial certainty".

The Court remanded the case for a retrial in order to clarify the boy's knowledge at the time. Subsequently, the trial Court found in favor of Garratt and was affirmed by the state Supreme Court.