MILLER v. PHILLIPS

No. 42944.

618 S.W.2d 247 (1981)

Rita MILLER, Plaintiff-Respondent, v. Audrey PHILLIPS, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

June 2, 1981.


Attorney(s) appearing for the Case

Michael J. McAvoy, Fenton, for defendant-appellant.

Gordon Upchurch, Union, for plaintiff-respondent.


CLEMENS, Senior Judge.

Plaintiff Rita Miller sued defendant Audrey Phillips for assault and battery. The jury awarded plaintiff $5,000 actual and $1,000 punitive damages. Defendant appeals the ensuing judgment.

The trial concerned two encounters between the parties. On the second one defendant admitted a violent, premeditated, unprovoked assault on plaintiff. The court refused to permit defendant to testify that four days before the assault she had found her...

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