Whitley Ex Rel. Whitley v. Andersen

PIERCE, Judge.

Plaintiffs in this assault and battery action, Karen and James Whitley, appeal from a directed verdict entered in favor of defendant, Tami LeGault, and also challenge the propriety of two instructions submitted to the jury relating to defendant Valerie Andersen. We reverse and remand.

Karen was struck in the jaw by defendant Andersen while standing in front of her locker at school. This attack was allegedly in response to derogatory remarks pertaining to Andersen purportedly uttered by Karen on the preceding day and on other, earlier occasions. Karen was then allegedly shoved…