Slusher v. Durrer

Opinion

EVANS, J.

Plaintiff appeals from an order vacating a default and default judgment. A civil action was brought against defendant by plaintiff Lorene Slusher seeking both general and exemplary damages for injuries resulting from an assault and battery committed by defendant on plaintiff at a Fall River Mills bar on August 5, 1973.

Defendant was also criminally charged with assault and battery and disturbing the peace; he was acquitted of the assault and battery charge, found guilty of disturbing the peace and fined $24. On October 17, 1973, while in court defending himself on the…