"In a super, super-technical sense I think itwould be an assault, but I don't think it rises tothe level of criminal assault," said William J.Hernon, a criminal attorney in Salem.

"A lot would depend on the circumstances of howthe movement took place. Simply moving [thewheelchair] from point A to point B wouldn'tnecessarily constitute assault," he said.

Many of the attorneys contacted said thespecifics of the incident--including an incidentalmeeting, a conversation, a blocked elevator door,a moved wheelchair, a meeting and subsequentapologies--were unique.

Greiff said she had not heard of many assaultcases where the physical contact involved only theclaimant's wheelchair.

"I haven't heard of too many instances wheresomeone took it upon themselves to move somebodyjust because they thought they could get away withit," she said.

"You may move an errant child but you don'thear too often about adults being moved likethat," Greiff said