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This section contains the nature of the case and procedural background.

D walked into the break room at his workplace, where his coworker, P, was standing in front of the microwave oven. P was holding a ten-dollar bill somewhat loosely in his hand. P was unaware of D. D approached P from behind and, without touching P, quickly snatched the ten-dollar bill. P immediately spun around and faced D. D then stated, 'That was too easy,' and returned the ten-dollar bill to P. As MacFarlane walked away, P struck D, splitting his lip. D asked why he hit him. P replied, 'You pissed me off.' Shortly after this incident, the two interacted with a larger group of employees outside, and the employees joked around and completed their break. The two men were together at an off-site employee lunch some days later, and on multiple occasions after the incident, with no issues. The incident was reported to a supervisor. P reported to the supervisor that the incident was 'nothing' and that any contact between the parties was accidental. P was given a one-day suspension without pay for striking another employee. P received medical treatment for anxiety, which P explained to his physician had resulted from difficulties at work. One year later, P filed a complaint alleging assault and intentional infliction of emotional distress. The parties stipulated to the dismissal of P's claim for intentional infliction of emotional distress. P moved to amend his complaint to include a claim for battery, which the court granted. The court found D to be more credible and ruled in his favor. It dismissed the case with prejudice. P appealed.

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