Wagner v. Patterson

In this action, plaintiff (respondent) alleged the defendant (appellant) committed two separate batteries 1 upon her person, the first on May 1, 1964, and the second on January 4, 1965. She asserted that these acts of the defendant activated and aggravated a pre-existing arthritic condition of the cervical area of her spine which, in turn, caused pain and disability and required medical treatment and hospitalization. Defendant denied the batteries and attributed any suffering, disability, and resultant medical expense to plaintiff’s own fault or physical condition.

Trial was had before the…