This appeal arises out of a physical altercation that occurred between two motorists who had stopped their vehicles at a highway intersection. During the incident, James Huerter was struck about the head and injured by David Joslyn. Criminal and civil actions were subsequently instituted against Joslyn. He pleaded guilty to assault in the third degree. In the civil suit, causes of action in negligence and assault were asserted against him. Because only the negligence cause...
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