Delozier v. Evans

OPINION

J. LaMAR SHELLEY, Judge Pro Tem.

Plaintiff, Chester Delozier, initiated this action against defendants, Wilbur Evans and Ella Evans, owners of the Bar X Tavern, after he was struck on the head with a baseball bat by assailants who had not been identified or apprehended as of the time of the trial. One of the assailants had been in the tavern and had been involved in an altercation with two men earlier that evening.

After trial, the jury returned a verdict for $65,000 in favor of Delozier. The defendants moved for judgment notwithstanding the verdict or, in the alternative, for a new…