Weston v. Cole

Plaintiff-appellant, Russell E. Weston, Jr. (Weston), appeals a District Court order dismissing his law suit against defendant-respondent, Dorothy Cole (Cole). The order was entered in the Fifth Judicial District, Jefferson County, by the Honorable Frank M. Davis. We affirm.

On October 23, 1986, Weston filed a law suit against Cole alleging she struck him in the head with a cane. Specifically, the complaint alleged:

“[defendant without cause or provocation . . . unlawfully assaulted and battered plaintiff by then and there striking plaintiff with her cain [sic] in the head, which blow was…