Write a case brief in the format from the example below about the following case: Schwarck v. Arctic Cat, Inc.

EXAMPLE CASE BRIEF

Rael v. Cadena, 93 N.M. 684, 604 P.2d 822 (Ct. App. 1979)

Parties:

Eddie Rael,

PlaintiffAppellee

Emilio Cadena and Manuel Cadena,

DefendantsAppellants

Prior Proceedings:

Eddie Rael sued Emilio and Manuel Cadena for civil battery. The trial court, sitting without a

jury (bench trial), found Emilio jointly liable with Manuel for the battery.

Emilio appealed the judgment of the trial court.

Facts

While visiting Emilio Cadenas home, Eddie Rael was beaten by Emilios nephew, Manuel

Cadena. After the attack began, Emilio yelled to Manuel kill him! and hit him more! Emilio

never actually struck Rael nor physically participated in the battery. Rael was hospitalized as a

result of the beating.

Issue

Under New Mexico tort law, does liability for battery arise when an individual, present during

the battery, encourages the perpetrator of the battery by yelling kill him and hit him more

thus inciting the perpetration of the battery though he takes no actual part in the physical

beating?

Rule

Yes. An individual may be liable for battery by encouraging or inciting the perpetrator by words

or acts.

Analysis/Reasoning

The rule of law in the United States is: Civil liability for assault and battery is not limited to the

direct perpetrator, but extends to any person who, by any means, aids or encourages the act.

The act of verbal encouragement at the scene may give rise to liability because the perpetrator

is goaded and encouraged at the behest of the person encouraging the battery. Here, Emilio

encouraged Manuel to beat Rael and to continue to beat him. The battery may not have

occurred or continued but for Emilios encouragement. Therefore, Emilio had some part in the

beating even though he never physically contacted Rael. Thus, Emilio is liable for the battery for

aiding in its commission and encouraging the act.

Conclusion (holding/disposition)

The judgment against Emilio Cadena is affirmed.