Comeau v. Currier

The plaintiffs, Eugene Comeau (Eugene) and Charlene Comeau (Charlene), husband and wife, brought a tort action in the Superior Court against the defendants, Robert Currier and Steven Cruz, claiming damages from an assault and battery committed upon Eugene by the defendants. After trial, the jury returned a verdict for the plaintiffs, awarding Eugene $195,300 in damages for the assault and battery and Charlene, $6,200 in damages for loss of consortium. The defendants appeal, claiming that the judge erred in failing to instruct the jury that provocation could be considered in mitigation of…