Sullivan v. Wheeler

ROMANG, Judge.

The single issue presented is whether a counterclaim for slander is a permissible response to an action for assault and battery. Plaintiff-Appellee (Plaintiff) filed an action for an assault and battery inflicted on Plaintiff by Defendant-Appellant (Defendant) on May 31, 1975. The Defendant answered denying Plaintiff's allegations and alleging as a counterclaim that the Plaintiff had uttered slanderous remarks about the Defendant on May 24, 1975 and that the parties were discussing the alleged slander at the time the altercation occurred. The Plaintiff filed a reply and a…