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Manning v. Grimsley
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Manning v. Grimsley | |
Court | |
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Citation | |
Date decided |
Facts
Plaintiff was attending a baseball game and was heckling a pitcher, when pitcher threw a ball that struck the P.
Procedural History
Dist. judge directed verdict for D
Holding
Vacated and remanded
Judgment
Vacated.
Reasons
Jury could have found that fans' actions constituted "conduct" which interfered with employee's performance of work.
Comments
In Mass. when a plaintiff wants to recover from an employer, it must be shown that the employee's assault was in response to the plaintiff's conduct which was presently interfering wit the employee's ability to perform his duties successfully.