SHUGAR V. GUILL 283 S.E.2d 507 (1981) CASE BRIEF

SHUGAR V. GUILL

283 S.E.2d 507 (1981)

NATURE OF THE CASE: Shugar (P) appealed a vacation of the punitive damages portion of his judgment.

FACTS: P entered D's restaurant. After serving himself a cup of coffee, he joined a group already there. D was seated at the table, and P said to D, 'This cup of coffee is on the house.' P then told D to 'charge it against the formica that you owe me for.' There was an ongoing dispute between himself and D regarding a piece of formica that a contractor had removed from a job at P's place of business with his permission to use it in the completion of a job at D's restaurant. P had billed D twice for the formica, but the $6.25 bill remained unpaid. D had refused to pay and had in turn sent Pa bill for what D claimed was lost time for a painter who had been conversing with P while he was working on a job for D. D commented on P's cheapness and demanded that P leave the restaurant immediately. P said, 'Make me.' D then picked P up in a 'bear hug' and started toward the door. P freed himself and blows were exchanged. P was struck about the eyes twice, and D's glasses were broken when he was hit in the face during the scuffle. A bystander attempted to intervene. P then dropped his hands to his side and D struck him squarely in the face breaking his nose and causing it to bleed profusely. P sued D for assault and battery. P got $2,000 in compensatory damages and $2,500 in punitive damages. D appealed. The court of appeals vacated the punitive damages and reversed and remanded for a new trial the issue of compensatory damages. P appealed the decision concerning the punitive damages.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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