Mitchell v. Daly

Plaintiff, Lloyd Mitchell, appeals by leave granted from the trial court’s order granting defendant a new trial after a jury verdict for plaintiff. On appeal, we reverse and reinstate the jury verdict for plaintiff.

Plaintiff sued defendant, a medical doctor, for assault and battery and obtained a unanimous jury verdict for $37,000 in damages. Plaintiff claimed that, while hospitalized under defendant’s care, defendant struck him on the left side of the head, hitting his face and ear when an argument developed over defendant’s expressed medical opinion that plaintiff should return to work in a…