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Manning v. Grimsley

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Manning v. Grimsley
Court
Citation
Date

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

Reasons: Jury could have found that fans' actions constituted "conduct" which interfered with employee's performance of work.

Judgment: Vacated.

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.