Bernhard v. Murphy

This action arises out of an assault and battery upon the plaintiff, James Bernhard (“Bernhard”).

Defendant Colin Murphy (“Murphy”) punched Bernhard in his college dormitory for no apparent reason other than Murphy’s consumption of an excessive amount of alcohol. Bernhard’s parents brought this suit on his behalf to recover damages for what was alleged in the complaint as a “negligent’ assault and battery. After trial, the judge found Murphy liable for an intentional assault and battery. Murphy filed a motion to vacate the courts judgment, and Bernhard responded with a motion to amend to…