Williamson v. Chappell

MILLER, Judge.

At about 11 a. m. on February 3, 1971 plaintiff’s daughter Cheryl Ann Williamson was beaten by defendant’s daughter Kathy Jo Chappell in the girls rest room of Bayou Chicot High School. Both girls were 14 or 15 years of age. The trial court dismissed plaintiff’s claim for damages finding mutual provocation in that “thé Williamson girl was involved in another fight a few days before. The witnesses testified that she was looking for trouble.” We reverse.

Cheryl Ann testified that without provocation on her part, she was attacked by *149Kathy Jo from behind; that Kathy Jo hit Cheryl…