Star v. Rabello

OPINION

By the Court,

Springer, J.:

Respondent Rabello sued appellant Star for special, general and punitive damages for assault and battery. Rabello also sued as Guardian ad Litem for her daughter, Lisa Rabello, who was a witness to the attack, for intentional infliction of emotional distress. Star counterclaimed for assault and battery, alleging that Rabello initiated the fight. The counterclaim did not allege that Rabello used force which exceeded that which would be privileged as self-defense.

At trial, both sides presented conflicting evidence as to who started the fight and who was the more…