PICARD V. BARRY PONTIAC-BUICK, INC.
654 A. 2d 690 (1995)
NATURE OF THE CASE: This is an appeal on an assault and battery. Barry (D) sought review
of a judgment of assault and battery, and compensatory and punitive damages to Picard (D),
victim.
FACTS: Picard (P) was upset about the service work she was receiving in the course of her
brake inspection. She returned for a reinspection, and photographed a Barry Pontiac-Buick,
Inc. (D) service worker while he was inspecting the brakes. There was dispute about the
subsequent events. P testified that the D service worker lunged at her and spun her around.
D claimed that he did not touch P, but pointed at her and said 'who gave you permission to
take my picture?', then walked around the car and placed his index finger on the camera and
repeated the question. D denied grabbing or threatening P in any way. P and her doctor
claimed permanent damage to her back as a consequence of the altercation. The trial court
awarded P $60,366 in compensatory and $6,350 in punitive damages. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment