Parker v. Wallace

Plaintiff sued Vern Wallace and Hervil M. Gaulding jointly for the tort of assault and battery against him. The prayer for damages against each defendant was for $1,000 actual and $10,000 punitive damages, a total of $22,000. At the close of plaintiff’s evidence the trial court directed a verdict in favor of Gaulding. The jury returned a verdict against plaintiff on his claim against Wallace. For improper argument of defendant Wallace’s counsel, as hereinafter set out, the case must be reversed and remanded for new trial as to Wallace. Since plaintiff represented himself in the trial and on…