Fickert v. Gallagher

Plaintiff brought this action against the defendants to recover damages for assault and battery. Judgment was entered in favor of plaintiff on the jury’s verdict and defendants appeal.

The incident and alleged battery occurred at the T-Bar-T Branding Iron restaurant and cocktail lounge, which is owned by defendant Norma M. Gallagher. Approximately 150 patrons were present about midnight, at the time of the incident, and one witness testified, "probably everyone in the whole house was drunk.” As usual, there is conflicting testimony but there is evidence that defendant Gallagher struck…