Driver v. Leicht

Pope, Chief Judge.

Plaintiff Henry Driver was injured in a fight with defendant Christopher Lee while they were both attending a party hosted by defendants Tim and Sheila Leicht. The trial court granted summary judgment for the Leichts, and plaintiff appeals.

After Lee bumped into plaintiff while plaintiff was playing pool, causing him to miss a shot, Lee and plaintiff had several hostile ver*695bal exchanges. Tim Leicht and others advised plaintiff to go outside and “simmer down.” Plaintiff did so, but he later returned and initiated the encounter which resulted in his injury.

Relying on Moon v.…