WOODARD V. TURNIPSEED
784 So.2d 239 (2000)
NATURE OF THE CASE: Woodard (P) appealed a judgment entered in favor of Turnipseed from a
jury's verdict in P's suit for assault and battery and the refusal of the court to grant a
judgment notwithstanding the verdict.
FACTS: P was employed as a minimum wage milker with Turnipseed Dairy Farms. P, along with
two other boys, were preparing cows to be milked. Tunipseed (D) observed that P had passed
over three filthy cows. Upon making this observation, D told P, 'you are fired, and go punch
out.' D escorted P to the time clock. P verbally assaulted D. After clocking out P was told
to get off the property. P said I am not going anywhere. D then picked up a broom. P did not
respond and D hit him three times with the broom. P then left. P claims he never verbally
assaulted D. P suffered a hematoma of the right flank, a contusion of the left forearm and
some contusion to the kidney. Blood was detected in his urine. When P was admitted to the
hospital, 'he was in acute distress with pain.' P's family was without medical insurance and
could not afford the medical bills. P is very withdrawn, and sleeps a lot. P keeps to
himself. P had finished high school and was attending the Job Corp in Crystal Springs. He
was studying to become a certified nurse's assistant. He said that he still suffered
intermittent pain as a result of the attack. D got the verdict and the judge refused
j.n.o.v. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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