Traister v. Gerton

VAN CISE, Judge.

In this assault and battery case, plaintiff, Richard A. Traister, appeals, as inadequate, a judgment in his favor and against defendant, Thomas M. Gerton, for $105. We affirm in part and reverse in part.

During an altercation occurring in May 1977, plaintiff was punched by defendant causing a broken nose, broken glasses, and a fractured thumb. Defendant was struck in his groin. Plaintiff sued for compensatory and exemplary damages, and defendant counterclaimed for similar relief.

After trial to the court, it dismissed the counterclaim and plaintiff’s claim for exemplary damages,…