Tatman v. Cordingly

672 P.2d 1286 (1983)

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Nature of the Case

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Facts

P and D had a dispute. P was 66 years old, and D was in his early 20's. From the fight was hospitalized for eight days and incurred substantial medical expenses. There were no witness, and each party contends the other was the aggressor. P sued D for assault and battery. The jury was instructed on self-defense but the court refused to instruct on more explicit limits of self-defense that P requested; the defender may be liable for injury upon an aggressor when the defender is not justified in his belief of danger or when the defender uses excessive force after the aggressor is disarmed or helpless. The jury believe D's testimony and found in his favor. There was evidence that P had a bad temper, that he carried a gun and used it often, that he ran over D's motorcycle with his pickup truck, that P struck D first, that P was repeatedly trying to get to his rifle and that D feared for his life. Judgment was entered on a jury verdict finding that P committed a battery and D exercised reasonable self-defense. The jury believe D's testimony and found in his favor. Judgment was entered on a jury verdict finding that P committed a battery and D exercised reasonable self-defense. P appealed.