Newman v. Larsen

Defendant was convicted in a prior criminal proceeding of assault with a deadly weapon, in violation of Penal Code section 245. At the conclusion of trial the information was amended, changing the word “deadly” to “dangerous” and defendant was granted probation on conditions which included payment for damages resulting from the injuries. The victim of the assault thereafter brought this civil action for damages for assault and battery for the critical injuries sustained.

Counsel for plaintiff urged the collateral estoppel principle announced in Teitelbaum Furs, Inc. v. Dominion Insurance Co.,…