## Facts

- Plaintiffs filed a trespass action alleging defendants repeatedly threatened to beat and strike them unless they immediately left certain premises in Philadelphia.
- Plaintiffs alleged they were placed in fear of being battered, suffered emotional distress, and incurred medical-related expenses.
- A defendant filed preliminary objections asserting the pleading did not state a cause of action for assault.
- The trial court sustained objections to the original complaint but granted leave to amend, noting an assault requires an act indicating immediate execution of the threatened battery.
- Plaintiffs amended to allege defendants threatened immediate bodily harm while carrying “blackjacks.”
- The amended complaint did not allege defendants took any overt step to attack (e.g., advancing within striking distance, raising or swinging a weapon, or attempting a blow).
- The trial court sustained preliminary objections to the amended complaint and dismissed without further leave to amend.

## Issues

1. Whether allegations of threats of immediate bodily harm, including that defendants carried weapons, state a claim for assault without alleging an overt act placing defendants in a position to inflict an immediate battery.

## Decision

- The Supreme Court of Pennsylvania affirmed the order sustaining preliminary objections and dismissing the amended complaint.
- The court held the amended complaint failed to plead an assault because it alleged threatening words (and weapon possession) but no overt act indicating an immediate battery would occur.
- Because no actionable assault was pleaded, allegations of resulting emotional distress and related expenses did not salvage the claim.

## Legal Principles

- An assault is an act intended to place another in reasonable apprehension of an immediate battery, which succeeds in causing that apprehension.
- Words alone, no matter how threatening, do not constitute an assault.
- To plead assault, a plaintiff must allege an overt act and apparent present ability to carry out the threatened battery at once (i.e., conduct indicating the battery will ensue immediately).
- Allegations of fear or emotional distress do not substitute for the required overt act showing imminence of the threatened contact.

## Conclusion

The court ruled that pleading threats—حتى when coupled with allegations that defendants carried weapons—does not state an assault claim unless the complaint also alleges an overt act demonstrating immediate ability and apparent willingness to inflict a battery.


Cucinotti v. Ortmann, 159 A.2d 216 (Pa. 1960)