FRED W. JONES, Jr., Judge.
In this action for damages as the result of a battery, defendant, Maurice Redmond, appealed the judgment of the trial court in favor of plaintiff, Jimmie Baugh, and defendant's insurer, Aetna Casualty and Surety Company. Finding the trial court did not err in holding defendant liable for plaintiff's damages and in its apportionment of fault between the parties but erred in holding the insurer was not liable for the
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