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Transferred Intent

Transferred Intent

In order to prove an intentional tort, such as assault or battery, a plaintiff must show that a defendant intended to commit the tort. Under the doctrine of transferred intent, a defendant’s intent to commit a tort against one person may be transferred to another person.

For example, a defendant swings a baseball bat at his friend, intending to scare him or her. The defendant accidentally hits a bystander with the bat. The defendant intended to commit an assault against the friend but instead committed a battery against the bystander. Under the doctrine of transferred intent, the defendant’s intent to assault the friend is transferred to the bystander, so the defendant’s conduct constitutes a battery against the bystander.

The doctrine of transferred intent applies only to the torts of assault, battery, false imprisonment, trespass to land, and trespass to chattels.

Copyright 2013 LexisNexis, a division of Reed Elsevier Inc.

Settlements & Awards
  • Mattoon. 13 IWCC 0307.

    52-year-old worker. 9th grade education. Left hand tendon laceration. Permanent restrictions. Failed job search. Permanent and total disability. Awarded $436.64 per week for life.

  • Champaign. 08 WC 024676.

    54-year-old CNA. Bilateral shoulder surgeries. Permanent restrictions. Two vocational experts failed to locate suitable light duty work. Permanent and total disability. Awarded $441.93 per week for life.

  • Springfield. 07 WC 022228.

    66-year-old maintenance worker. Failed two level lumbar fusion. Permanent restrictions. Failed job search. Permanent and total disability. Awarded $538.36 per week for life.

  • Quincy. 12 IWCC 0936.

    56-year-old municipal worker. Lumbar and S1 radiculopathy. Permanent work restrictions. No surgery. Failed job search. Awarded $466.13 per week for life. Total expected lifetime payout $581,730.00

  • Quincy. 12 IWCC0715.

    52-year-old CNA. Lumbar fusion. Permanent restrictions. Failed job search. Permanent and total disability. Awarded $420.33 per week for life. Total expected lifetime payout $671,571.96.

  • Springfield, IL. 07WC33626.

    63-year-old truck driver. Four shoulder surgeries. Permanent work restrictions. Failed job search. Permanent and total disability. Awarded $802.61 per week for life. Total expected lifetime payout $780,467.00

  • Quincy, IL. 09WC47036.

    56-year-old street worker. Disc injury. No surgery. Permanent work restrictions. Failed job search. Permanent and total disability. Awarded $466.13 per week for life. Total expected lifetime payout of award is $586,577.99

  • Quincy, IL. 06WC39148.

    52-year-old LPN. Lumbar fusion. Permanent work restrictions. Failed job search. Permanent and total disability. Awarded $420.33 per week for life. Total expected lifetime payout of award is $677,571.00

  • Springfield, IL. 10IWCC0667.

    56-year-old union pipe-fitter. Injured forearm/surgery. Permanent restrictions. Job change. Wage loss. Awarded wage differential of $550 a week for life. Total lifetime expected payout is $833,804

  • Springfield, IL. 10IWCC0875.

    54-year-old union laborer. Spinal injuries and head trauma. Unable to return to work. Permanent and total disability. Awarded $642.50 per week for life. Total lifetime expected lifetime payout of $998,400

  • Video Vault


    What happens if my workers compensation claim is denied?

    Lawyers at Boshardy law office, located in Springfield, IL answer your questions about what happens if your workers compensation claim is denied. If you need legal help with a work injury or workers comp case, contact the law firm at 800-595-5345. We offer a free consultation.
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