Mazzaroppi v. Tocco

OPINION

WEISBERGER, Justice.

This case comes before us on cross-appeals by both the defendant and the plaintiff from a judgment entered in the Superi- or Court pursuant to a civil action that had been brought by the plaintiff for assault and battery. We deny the appeals of both parties and affirm the judgment and rulings of the trial justice. The facts of the case insofar as pertinent to this appeal are as follows.

On September 3, 1978, Gene Mazzaroppi (plaintiff), was operating a motorcycle on Hartford Avenue in Johnston. The plaintiff was accompanied by three friends. As he passed a parking…