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Case Citations [1] (July 2019 - August 2020)

handle is hein.ali/rethtort9914 and id is 1 raw text is: TORTS 3D: INTENTIONAL TORTS TO PERSONS (DRAFTS) CHAPTER 1. DEFINITIONS OF INTENTIONAL TORTS TO PERSONS; TRANSFERRED INTENT § 11. Transferred Intent Kan.App.2020. Subsec. (a) quot. in sup. (quoting § 110(a) of T.D. No. 1 2015). Family members of party guest brought a lawsuit against police officer, alleging, inter alia, that, while under the belief that guest was trying to attack him, defendant assaulted plaintiffs by drawing and deploying his taser and firing his firearm at guest, in front of plaintiffs. The trial court granted defendant's motion for summary judgment. This court reversed in part and remanded, holding that, while the trial court correctly granted summary judgment for defendant on plaintiffs' assault claims based on the use of the taser, the trial court erred in failing to recognize factual disputes as to whether defendant was privileged to use his firearm. The court explained that plaintiffs' assault claim was not barred as a matter of law because defendant deployed his weapons only against guest, and explained that, under Restatement Third of Torts: Intentional Torts to Persons § 110(a), defendant's intent to assault guest could be transferred onto plaintiffs if they were in the zone of danger created when defendant pointed the firearm in their general direction. Estate of Randolph v. City of Wichita, 459 P.3d 802, 825. COPYRIGHT ©2020 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination. ALL

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