Jones v. Fisher

166 N.W.2d 175 (1969)

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Legal Analysis

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Nature Of The Case

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Facts

In September 1967, P was told by her dentist that her teeth were in bad condition. She needed an upper plate but complained to Ds about the cost of her dental work. Ds volunteered and lent her $200 to apply to her dental expenses. All but $10 of the proceeds of the loan were paid to the dentist. P obtained the upper plate and shortly thereafter quit working for Ds. A week or more after she quit, P returned to the nursing home to get her check in the amount of $48 for her last week's work. P refused an offer to return to work. Ds inquired when she was going to repay the $200. P told him he could take $20 out of the $48 check and that she would pay the balance at the rate of $20 per month. Ds stated she would have to pay the entire amount in three days or leave the upper plate for security. P refused. P attempted to leave, and Mr. Fisher (D) seized her arms and forced them in back of her. Mrs. Fisher (D) grabbed at her face and mouth and extracted the upper plate. Mr. Fisher (D) released her, and she immediately ran out of the house. The affray was less than fifteen minutes. P testified that her arms and her back hurt while she was being held and that her mouth, which was sore because the teeth did not fit properly, hurt when Mrs. Fisher (P) took her plate out. She had no bruises or scratches. After leaving the home, P walked about two blocks to the police station and reported the incident to two police officers. One of the officers obtained the teeth and gave them back to P. P did not see a doctor or take any prescriptive medicine, but complained it was hard to sleep. She testified that she was in fear and was humiliated and embarrassed. The jury awarded compensatory damages of $1,000 and punitive damages of $5,000 against Ds. Ds appealed, contending the damages were excessive.

Issues

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Rule Of Law

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Holding & Decision

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