Carson v. Webb

CARTER, Justice.

Plaintiff, Lola J. Carson, who recovered a verdict less than her medical expenses in a civil assault and battery action against her brother, defendant John Webb, appeals from district court rulings on evidence and jury instructions. After considering the arguments that have been presented, we reverse the judgment of the district court and remand the case for a new trial on damages only.

The evidence reflects that, while both plaintiff and defendant were present in their mother’s home on April 12, 1988, they became embroiled in a heated argument. The subject of this dispute was…