Brown v. Robishaw

Opinion

NORCOTT, J.

The dispositive issue in this appeal is whether, in a personal injury action arising from an altercation that was pleaded solely in negligence, the trial court improperly denied a request to instruct the jury on the special defense of self-defense. The defendant Joseph Walukiewicz 1 appeals 2 from the judgment of the trial court, rendered after a jury trial, awarding the plaintiff, Kevin Brown, damages in the amount of $312,389.15. Because the trial court should have granted the defendant’s request to charge on self-defense, we reverse the judgment of the trial court and…