Fassnacht v. Moler

Facts

A physical attack arose out of a dispute between P and D over a family partnership and lake house. D and his former wife established the family partnership for estate planning purposes, and limited and general partnership interests were conveyed to D and the other four children. The Partnership was funded almost entirely with United Parcel Service stock, worth approximately $20 million, that was acquired by P during his career there before he retired as a result of his disability. The Partnership purchased a lake house. P placed the deed to the Lake House in his own name in an effort to obtain certain tax benefits. P lived at the Lake House for about a year and thereafter stayed there sporadically. D, a certified public accountant who managed a registered investment advisory firm, increasingly opposed P's activities associated with the Partnership. D filed an arbitration action, contending that Phad breached his fiduciary duties as a partner through mismanagement and misuse. D alleged that P had improperly titled the Lake House in his own name and had not reimbursed the Partnership for rent or operating expenses when he stayed there. D sought dissolution of the Partnership. The arbitration panel dissolved the Partnership and ordered the division of the Partnership's assets. P was required to “immediately convey to the Partnership all of his right, title and interest” in the Lake House and was given 30 days to pay $50,000 to the Partnership for unpaid rent, other expenses, and interest. The Arbitration Award appointed D as the sole managing partner for purposes of carrying out the Award and dissolving and winding up the Partnership. P and his other four adult children sought a temporary restraining order against D. The superior court entered a restraining order requiring D to stay at least 200 yards away from his four siblings and from P, and requiring them to stay that same distance away from D. P went to the Lake House with his girlfriend and members of her family. P packed up his personal belongings at the Lake House and made preparations to transfer the property to the Partnership. D arrived there unannounced. D, armed with a taser, approached the front door. P went to the front door, cracked it open, and warned D that he should not be there in light of the Restraining Order. D forced the front door open and pushed P backward, causing him to hit his head on the steel banister railing and fall to the floor on his back. D jumped on top of him, and while straddling him, struck him in the face, chest, and chin with his fists. D then grabbed P's head and began smashing it up and down on the wooden floor until P felt like he was about to lose consciousness. P's girlfriend had fled from the Lake House with the one-year-old child (granddaughter). Because she left her cell phone at the Lake House, she ran to another house and asked the occupants to call the police. While D was searching the Lake House, P retrieved a .22 rifle stored in a closet. P, with the rifle in hand and pointed downward, told D to leave. D charged Moler and grabbed the barrel of the rifle. P fell into a chair, and D bit him in the hand, head-butted him several times in the forehead, and used the taser on his leg and at the base of his spine. P was able to load a round into the chamber of the weapon, but D yanked off the brass ammunition tube on the underside of the barrel, causing the remaining ammunition to spill to the floor. D tased P in the arm, which caused P to involuntarily pull the trigger of the rifle, discharging the chambered round into the floor. The two men eventually separated and retreated to different areas of the room. D cursed at P and complained to P about how much money D had spent on the arbitration. D twice approached P and struck him on the head with the brass ammunition tube from the rifle. The police arrived but P declined to press criminal charges. P had lacerations on his scalp and face, swelling in his cheek, and abrasions on his back and ankle. P was bleeding badly from his head and from his bitten hand, and he had blood coming out of his ear. P's elbow also was swollen from the fall to the floor, he had a headache and was disoriented, he had trouble hearing and ringing in his right ear, and he had pain in his face, elbow, legs, knee, back, and neck. Emergency medical technicians arrived at the scene and treated P's injuries. Later that night, P's girlfriend drove him to the hospital emergency room. P was diagnosed with a concussion, traumatic bursitis of the elbow, and cervical strain, and he received multiple stitches in his hand to close the bite wound. P was bedridden for several days as a result of his concussion, and he continued to have ringing in his ears at the time of trial. P sued D for assault and battery and seeking compensatory and punitive damages. The jury awarded P $30,000 in compensatory damages and $375,000 in punitive damages. D appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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