Poliak v. Adcock

2002 WL 31109737 (2002)

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Nature of the Case

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Facts

Adcock (D) and his wife own a house in Nashville. Their adult daughter, Anna Michelle Adcock-Butler, and her two children live with them. Butler's boyfriend, Poliak (P) was a frequent visitor in the home. P moved his clothing and other personal effects into the house and began spending significant amounts of time there. D never directly opposed or protested P's presence in his house. P and D had at least one run-in, but D never directly opposed or protested P’s presence. On day, D decided P would have to go. On the afternoon of July 11, 1998, armed with a piece of two-by-four, D found P asleep lying alone on Butler’s bed. D cursed at him and as P woke up, D, without warning, struck him with the two-by-four. D stated that he was going to leave the house for a while and that he would kill P if he was still there when he returned. P sustained severe injuries and was taken by ambulance to the hospital. P sued D for assault and battery seeking $150,000 in compensatory damages and $150,000 in punitive damages. D admitted that he had struck P but that he had been provoked and that he was acting in self-defense. P was a younger and larger man. P moved for a partial summary judgment seeking dismissal of Mr. Adcock's affirmative defenses of provocation, self-defense, and protection of property. It was granted and D appealed.